Snow may look beautiful when it falls from the sky, and it is fun for kids to play in. But at the same time, once a storm subsides, snow can be viewed as dangerous, as it has the potential to freeze over and turn into ice. And so, while it is enjoyable for others, it may actually be a hassle for property owners who have to bundle up, grab their shovel and electric blower machines, and get to work plowing the snow on their premises. With that being said, please continue reading to learn whether a property owner should be held responsible for snow removal duties and how an experienced Morris County, New Jersey slip and fall lawyer at the Macri Law Firm can help you better determine if there is someone to blame for your accident.
What does New Jersey law say about snow removal responsibilities?
Now, no state-level law regulates the snow removal responsibilities of property owners. Rather, this may be governed by municipal codes, and each city or town may have varying standards for owners. In a general example, for residential homeowners, a municipality typically expects them to clear the walkways on their premises and the sidewalks bordering their premises within 12 to 24 hours of when the snowfall ends. And so, we strongly urge you to review your municipal code when there is a weather forecast for a heavy snowstorm so that you may be properly prepared.
Now, rules may be stricter for commercial property owners, like shopping centers and office buildings. This is because they may also be obligated to remove snow in the affiliated parking lots, outdoor staircases, etc. The same may apply to landlords of rental properties. That is, a lease agreement may state that the party with control of the premises (i.e., the landlord) is responsible for ensuring they are clear and safe after inclement weather conditions like a snowstorm.
What should I do if I slip and fall on uncleared snow or ice?
Say you were welcomed onto someone’s residential or commercial property during or after snowfall. As you try to navigate their premises, you may find no reasonable or safe way to sidestep the snow or ice that clutters the designated walkways. Even with abundant care, you may slip and fall over this snow or ice, and subsequently incur injuries. Given this sequence of events, you may have the legal right to pursue a slip and fall accident claim against the negligent property owner.
It is worth mentioning that, depending on the specific circumstances surrounding your accident, the property owner may defend themselves with the “ongoing storm” rule. This rule enforces that property owners need not clear snow or ice during an active snowstorm, or within a reasonable timeframe from when the storm ends. And so, it is your job to establish the date and time of your accident, and show that it was an unreasonably large gap from the date and time the storm was reported to cease.
Before you step into a New Jersey civil courtroom, you must seek a skilled Parsippany, New Jersey personal injury lawyer to stand by your side. Please contact our office, the Macri Law Firm, as soon as you are ready.