Winter Hazards in New Jersey: What to Do If You Slip and Fall on Icy Sidewalks

Icy sidewalks and parking lots are more than just a nuisance during New Jersey winters—they can lead to life-altering injuries. From fractures to head trauma, a slip and fall accident can derail your life in an instant. If you or someone you love has been injured due to dangerous winter conditions, this guide will provide timely, actionable advice to protect your rights and help you seek compensation.

Every winter, countless New Jersey residents face the same question: What should I do after a trip and fall accident? Understanding the steps to take and the laws that protect you can make all the difference when pursuing a personal injury claim. Let’s dive into what you need to know.

Why Slip and Fall Accidents Increase During Winter

Winter in New Jersey, especially from January onward, creates the perfect storm for slip and fall injuries. Snow and ice accumulate rapidly, and even well-meaning property owners can struggle to keep up with maintenance. While winter hazards are predictable, many accidents occur because of negligence, such as failing to salt walkways or remove snow promptly.

Consider this: You’re walking to your local bakery in Edison after a morning snowstorm. The parking lot has been plowed, but black ice remains on the pavement. One step, and you’re on the ground with a dislocated shoulder. The property owner should have salted the area or placed warning signs to alert visitors of the risk.

Common causes of winter slip and falls include:

Untreated sidewalks and driveways
Black ice in parking lots
Piled snow that melts and refreezes overnight
Poor lighting that hides icy patches

These risks aren’t just frustrating—they’re preventable. Property owners in New Jersey are required by law to take reasonable steps to ensure safe conditions.

Who Is Responsible for a Slip and Fall Accident?

Liability in a slip and fall accident depends on where and how the accident occurred. In New Jersey, property owners, business operators, and even municipalities can be held accountable under premises liability laws.

Residential Property Owners: Homeowners must ensure their sidewalks and driveways are reasonably safe. If a neighbor’s walkway remains icy days after a snowstorm, they may be liable for any injuries that occur. However, liability often hinges on whether the property owner had sufficient time to address the hazard.
Commercial Properties: Businesses have a higher duty of care to their customers. Store owners are expected to clear parking lots, entryways, and walkways promptly after snowfall. For example, if you fall outside a coffee shop in Jersey City because they failed to salt the steps, the business could be responsible.
Municipalities: Public sidewalks and government-operated facilities, such as train stations, fall under the jurisdiction of municipalities. While local governments can be held accountable for unsafe conditions, filing a claim against a public entity requires adhering to strict notice requirements, such as the 90-day rule for submitting a claim.

Determining liability often requires thorough investigation. Consulting a skilled slip and fall accident lawyer ensures no stone is left unturned.

What to Do Immediately After a Slip and Fall Accident

The moments following a trip and fall accident are critical for protecting your rights and building a strong case. Here’s what you need to do:

Seek Medical Attention

Your health comes first. Even if your injuries seem minor, visit a doctor to ensure nothing serious has been overlooked. Common injuries like fractures or concussions may not show symptoms immediately.

Document the Scene

Use your phone to take photos or videos of the exact spot where you fell. Focus on the ice, snow, or other hazards that contributed to the accident. Include timestamps if possible.

Report the Incident

Notify the property owner, manager, or local government of your fall. Ask for a written incident report, and keep a copy for your records.

Collect Witness Information

Witnesses can strengthen your claim by providing an unbiased account of what happened. Be sure to get their names and contact details.

Preserve Evidence

Save the shoes and clothing you wore during the accident, as they could provide valuable evidence if the case goes to trial.

Consult a Slip and Fall Accident Lawyer

Don’t navigate this process alone. A personal injury lawyer can help you understand your rights, gather evidence, and negotiate with insurance companies on your behalf.

Common but Overlooked Slip-and-Fall Scenarios

Some winter hazards may not seem obvious at first glance, but they can still cause severe injuries. Here are two real-world examples that highlight the importance of addressing negligence:

Leaking Roof Drains: In Paramus, a retail store failed to address a leaking roof drain that caused water to pool on the sidewalk. Overnight, the water froze, and a shopper suffered a broken hip after slipping.
Poorly Maintained Entryways: A family attending a winter wedding in Hoboken encountered icy steps at the venue’s entrance. One of the family members slipped and tore their ACL, requiring surgery.

Both examples emphasize the responsibility of property owners to anticipate and mitigate potential hazards.

Why You Need a Lawyer After a Slip and Fall Accident

Filing a personal injury claim may seem straightforward, but insurance companies often complicate the process. Adjusters may downplay your injuries or argue that you were partially at fault for the fall. An experienced slip and fall accident lawyer can level the playing field.

Here’s how a lawyer helps:

Investigation: Your lawyer will gather evidence, such as surveillance footage, maintenance records, and eyewitness accounts.
Determining Liability: They will identify all responsible parties, whether a negligent homeowner, business owner, or municipality.
Calculating Damages: Beyond medical bills, your lawyer will account for lost wages, pain and suffering, and long-term impacts of your injury.
Negotiation: Your lawyer will handle all communication with insurance companies, ensuring you receive fair compensation.

Key New Jersey Laws Impacting Slip and Fall Claims

Navigating a slip and fall accident claim requires understanding New Jersey’s legal framework:

Premises Liability: Property owners must take reasonable steps to address hazards. Failure to clear ice or snow can qualify as negligence.
Modified Comparative Negligence: If you are partially at fault for your accident, your compensation will be reduced by your percentage of fault. If you’re more than 50% at fault, you cannot recover damages.
Statute of Limitations: You have two years from the date of your accident to file a lawsuit. For claims against municipalities, you must file a notice within 90 days.

These laws underscore the importance of acting quickly and seeking legal advice.

How Drazin & Warshaw Can Help

Facing a winter-related injury can be overwhelming, but you don’t have to face it alone. With over 70 years of experience, the personal injury attorneys at Drazin & Warshaw have successfully helped New Jersey residents secure the compensation they’re seeking after slip and fall accidents.

Injured in a Slip and Fall in New Jersey? Call Drazin & Warshaw to File a Personal Injury Claim and Take the First Step Toward Recovery Today!

Your safety and recovery are our top priorities. If you’ve been injured in a slip and fall accident, don’t wait—contact Drazin & Warshaw today. Call 732-333-8141 or fill out our secure contact firm to schedule your free consultation with a trusted slip and fall accident lawyer. Our firm represents clients in Hazlet, Red Bank, Brick, Westfield, and throughout Middlesex, Monmouth, Union and Ocean Counties.

Don’t let a slip-and-fall derail your life. Take action now, and let us fight for the compensation you’re seeking for your injuries.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.