When Are Property Owners Responsible for Ice and Snow Injuries
Winter in Monmouth County brings not just snow days and icy mornings but also an increased risk of slip-and-fall accidents. Sidewalks, parking lots, and entryways can quickly become hazardous if property owners don’t take reasonable steps to keep them safe.
If you were injured after slipping on ice or snow, would the property owner be held legally responsible? The answer depends on New Jersey law, local ordinances, and whether the owner acted reasonably to prevent dangerous conditions once a storm has passed.
What Duty Do Property Owners Have to Clear Ice and Snow?
In New Jersey, property owners have a legal duty to maintain safe conditions on their premises. How that duty applies often depends on the type of property.
- Residential property owners: Homeowners generally have limited responsibility under state law. However, some towns in Monmouth County have ordinances requiring residents to clear sidewalks within a certain number of hours after snowfall. Failing to follow these local rules can create liability if someone is injured.
- Commercial property owners and landlords: Businesses and landlords are held to a higher standard. They must take reasonable steps to clear ice and snow from walkways, entrances, and parking lots within a reasonable time after a storm.
The key is whether the property owner made a good-faith effort to address unsafe conditions.
When Can a Property Owner Be Liable for a Slip-and-Fall on Ice?
Not every icy fall leads to a viable injury claim. Courts look at the specific facts and whether the property owner failed to act reasonably. Common situations where liability may apply include:
- Not shoveling, salting, or sanding walkways after a storm has ended
- Allowing melted snow to refreeze into ice without treatment
- Poorly maintained gutters or drainage systems that create recurring icy patches
- Failing to clear frequently used entryways or parking areas in a timely manner
New Jersey also follows what’s called the “storm in progress” rule. Property owners are generally not responsible for clearing snow and ice during a storm. Once the storm ends, however, they are expected to take action within a reasonable timeframe.
How Does Comparative Negligence Affect Ice and Snow Claims in New Jersey?
Even if a property owner failed to clear snow or ice, New Jersey’s comparative negligence law may impact the outcome of a case. This rule allows courts to assign percentages of fault between the injured person and the property owner.
For example:
- If you slipped on untreated ice outside a store but were texting while walking, a court might find you partially responsible.
- If you are 20 percent at fault and the property owner is 80% at fault, your damages would be reduced by 20 percent.
- If you are more than 50 percent responsible, you cannot recover compensation.
This makes it crucial to document the conditions clearly and work with an attorney who can effectively push back against unfair blame shifting.
What Evidence Is Important in Ice and Snow Injury Cases?
Because ice and snow melt quickly, evidence can disappear within a matter of hours. Preserving proof of the hazardous condition is crucial. Helpful evidence includes:
- Photos or videos of the icy area taken right after the fall
- Witness statements from people who saw the accident or knew the conditions
- Weather reports showing snowfall and temperature at the time
- Local ordinances requiring the timely removal of snow or ice
- Surveillance footage from nearby businesses or properties
- Medical records that tie your injuries to the fall
The sooner this evidence is collected, the stronger your claim will be.
What Damages Can Victims Recover?
Victims of ice and snow accidents in Monmouth County may be eligible for compensation covering both financial losses and personal hardships, such as:
- Medical bills, emergency care, and rehabilitation costs
- Lost wages and diminished earning capacity
- Pain, suffering, and reduced quality of life
- Long-term effects like chronic pain, disability, or permanent injury
The value of a claim depends on the severity of the injuries and how they impact your daily life.
Protecting Your Rights After an Ice or Snow Slip and Fall
Property owners in Monmouth County have a responsibility to maintain the safety of walkways, entrances, and parking areas after a storm has passed. When they fail to clear ice and snow, serious injuries can result — and victims have the right to pursue compensation.
At Noonan & McMahon, we understand the challenges these cases present and the importance of quick action to preserve evidence. If you’ve been injured in a slip-and-fall on ice or snow, call for a free consultation. The sooner you contact us, the better your chances of recovering just compensation.