Who is Responsible For Snow or Ice Removal in New Jersey?

Winter weather in New Jersey can create hazardous conditions for drivers and pedestrians alike, as snow and icy conditions can make walking and driving surfaces slippery. However, when someone slips and falls on an icy sidewalk, it’s important to figure out who is responsible for snow or ice removal. Rules can vary based on the type of building and the local laws, but it’s necessary to get to the bottom of this if you or a loved one suffered injuries due to someone else’s negligence. Our Monmouth County sidewalk accident attorneys can help you with this.

Who Is Legally Responsible for Snow or Ice Removal in New Jersey?

Responsibility for snow and ice removal depends on the type of property owned, as commercial, residential, and publicly owned premises all have different rules under NJ state law.

Commercial Property Owners

Under New Jersey law, commercial property owners have a strict legal duty to ensure that sidewalks adjacent to their property are in reasonably safe conditions. This responsibility was established by the New Jersey Supreme Court in Stewart v. 104 Wallace Street, Inc. (1981), which declared that commercial property owners are responsible for maintaining sidewalks attached to their property in reasonably safe conditions. Since this decision, the courts have applied this rule to prevent pedestrian injuries.

This includes:

• Removing snow and ice from the sidewalks attached to their property
• Removing snow and ice within a reasonable amount of time after the weather event ends
• Utilizing salt or sand to reduce the risk of hazards
• Regular inspections during winter weather
• Addressing refreezing concerns

Failure to take these steps can result in liability for pedestrian injuries

Residential Property Owners

Under New Jersey law, those who own residential property are generally treated differently from those who own commercial property. Typically

• Single-family home-owners are not automatically liable for snow removal from sidewalks unless it creates a dangerous condition, however
• Many municipalities have local ordinances requiring homeowners to clear snow and ice from sidewalks within a certain amount of time after the snowfall event ends

Failure to adhere to these ordinances may result in a fine, but may not end with civil liability

How Long Do Property Owners Have to Remove Snow in New Jersey?

Most municipalities require snow removal within a certain time frame following the end of the weather event. Generally, this is within 12 daylight hours, though the exact timing will vary by municipality.

What Courts Consider a Reasonable Time

New Jersey courts will consider:

• The severity of the storm
• Duration of the snowfall
• Ongoing weather conditions following the end of the weather event
• Efforts made to clear now
• Whether or not conditions create hidden ice

Are Landlords or Tenants Responsible for Snow Removal?

For those who rent, understanding snow and ice removal responsibilities is critical. Typically, the type of property and lease agreement will determine these matters. For commercial properties, landlords are typically responsible for clearing the exterior sidewalks, though, as mentioned, the lease may shift this responsibility to tenants.

When Tenants May Be Responsible

• The lease explicitly states that the tenant is responsible for snow and ice removal
• They control the area where the snowfall occurred
• They do not act within a reasonable time

What If the City or Municipality Is Responsible?

In some instances, the sidewalk may be the responsibility of the city or public entity, such as sidewalks adjacent to municipal buildings or in parks. If a government entity is responsible, the case would fall under the New Jersey Tort Claims Act, N.J.S.A 59:1-1 through 59:12-12. As such, under N.J.S.A. 59:8-8, an injured party is required to file a Notice of Claim within a 90-day window. Failure to do so can result in being barred from recovering compensation.

Additional Requirements for Suing a Public Entity

• You must file a Notice of Claim within 90 days
• You must prove the conditions were dangerous
• You must show the entity had actual or constructive notice

What Must You Prove in a Snow or Ice Slip and Fall Case?

In the event you are injured and wish to seek compensation for your damages, you’ll need to establish negligence in accordance with New Jersey premises liability law. This means there are four elements you must prove in order for your case to be successful.

Negligence Elements

• Duty of care: The property owners had a legal obligation to keep their premises safe
• Breach of duty: The property owner failed to take reasonable steps to keep the premises safe
• Causation: Their failure to act directly caused your injuries
• Damages: You suffered measurable harm as a direct result of their negligence

What Should You Do After an NJ Snow or Ice Injury?

Though the aftermath of an injury can be overwhelming, taking the necessary measures to protect yourself is critical to protect your health and your right to compensation.

Immediate Steps to Take

• Seek immediate medical attention, even if you feel okay or injuries appear minor
• Photograph the snowy or icy conditions that caused your injuries
• Document the weather conditions at the time of the fall
• Gather contact information for witnesses
• Report the accident to the property owner
• Keep footwear and clothing
• Contact an experienced New Jersey premises liability attorney

Contact Our Monmouth County Personal Injury Attorneys

If you want to learn more about what our attorneys can do to assist you, the Wilton Law Firm is ready to discuss the details of your case. Contact us today to schedule a consultation so we can tell you more about your legal options and the potential value of your personal injury case.