When someone suffers a slip and fall injury on someone's property, the owner is generally liable for the person's injuries. However, what about if the fall was due to snow and/or ice? That is the property owners responsibility too.

In order to maintain a safe environment for guests, property owners in New Jersey are required, by law, to take reasonable precautions to maintain their property to keep it free of hazards that could cause injuries. This includes clearing away any accumulated snow and ice.

More on New Jersey snow removal laws below. For a free consultation if you were hurt in an accident involving snow or ice on someone's property, please reach out to the NJ slip and fall attorneys at Brandon J. Broderick, Attorney at Law. Our attorneys have the legal expertise to help you recover damages you are entitled to.

Our team is well-versed in both New Jersey legal requirements and the laws imposed on property owners.

Legal Responsibility of NJ Property Owners Regarding Snow and Ice On Their Property

You should be aware of the following regarding property owners' responsibilities when it comes to ice and snow on their property in the state of New Jersey:

  • There are different legal requirements for owners of residential and commercial properties in New Jersey when it comes to handling snow or ice removal.
  • Every town or city in New Jersey can implement their own ordinances for the obligations of property owners when it comes to ice and snow accumulation.
  • Local ordinance violations may result in fines from municipalities, which have set deadlines for clearing snow and ice.
  • Property owners must also follow rules on the width of the path they must clear from the snow and ice accumulation.
  • Although towns or cities may enforce their ordinances, they will usually give warnings to property owners instead.
  • The homeowner's association's responsibility to keep walkways and common areas safe should be outlined in the bylaws of each condominium or residential community that has one.

You may have a strong case for compensation if you can demonstrate that a property owner violated a local ordinance and it is linked to your accident and the injuries you sustained. Lawsuits against commercial businesses may be easier to prove than lawsuits against residential homeowners. The latter is more challenging to prove.

Responsibility of Commercial Property Owners Regarding Snow Removal in NJ

Owners of commercial property are required to take the same measures that a person with reasonable caution would take in order to remove or repair any unsafe conditions or to take other steps that lessen the risk to pedestrians.

Property owners must take timely action if they determine that the state of a sidewalk on their property presents an unjustifiable risk of injury to pedestrians. They may also need to perform regular checks to find any unsafe areas of ice or snow, and clear it or post warning signs that pedestrians must avoid the area.

The laws that apply to business owners in each city regarding snow removal vary. In Jersey City, snow removal regulations state that it must be cleared from the property within eight hours of its fall or, in the event that it snows overnight, eight hours after daybreak. When a snowstorm ends in Haledon, locals have 24 hours to clear the snow. Snow must also be removed from fire hydrants.

Certain boroughs or cities mandate that the government clear snow from their downtown streets and from certain parts of the city when there isn't enough room for snow storage.

Responsibilities For Homes Owner Regarding Snow and Ice Removal on Their Property in NJ

Owners of residential real estate are not required by law to fix a sidewalk that has become damaged as a result of snow, ice, or rain. However, the property owner may be held accountable for any accidents that happen if they attempt to remove the ice or snow and are negligent in doing so, especially if they make the walkway much more dangerous than it was before.

Property owners may be required by local ordinances to sweep sidewalks. Property owners in Woodbridge are expected to shovel a route that is three feet wide, while in Morristown, the public works agency will clear the snow in front of a property if the owner neglects to do so. A lien is put on the property to be collected as taxes, and the cost of this service is forwarded to the city tax assessor.

It is the owner's responsibility to maintain the driveway and walkway leading to their residence. The homeowner may be liable for damages if someone who is invited inside slips and falls in this location.

How To Prove Negligence Of A Property Owner

When determining if a property owner is responsible for your snow- or ice-related slip and fall injury, your attorney may need to take into account the following to prove your case:

  • It was the property owner's legal responsibility to clear the ice or snow from the sidewalk or to provide a warning about its potential.
  • Despite being aware of the hazardous condition, the property owner chose not to have it removed.
  • Since a reasonably prudent person would have identified the dangerous condition, the property owner should have been aware of it.

Each case is unique and will depend on the evidence you have gathered to support your case and the local laws that govern snow and ice removal on residential and commercial properties.

Injured in a NJ Slip and Fall Accident on Snow or Ice? Get Legal Help From Brandon J. Broderick, Attorney at Law

We highly recommend that you consult with an experienced slip and fall attorney if you fell on snow or ice and think that your injuries were the result of negligence of a property owner.

We will help investigate your case and determine who is liable. The attorneys at Brandon J. Broderick, Attorney at Law are dedicated to bringing justice to our clients.

Contact us today to discuss your case in a free consultation with an attorney on our team.

Posted by: Brandon J. Bro…
Date: Mon, 04/22/2024 - 14:48

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