Snow and ice create dangerous conditions in New Jersey, but people still must travel, work, and run errands. Property and business owners typically owe a duty to clear pathways open to the public so that weather conditions do not create an unreasonable risk of harm. Similarly, homeowners or renters are also responsible to some extent to protect those legally on their property.
At Mongiardo Law Group, our New Jersey personal injury lawyers in Passaic County handle premises liability cases involving snow and ice. Contact us today at (973) 298-4557 or online to schedule a free consultation to discuss your case.
Snow and Ice Accidents
Winter weather, particularly ice and snow, can create hazardous conditions that increase the risk of various accidents. Some of the most common types of accidents associated with ice and snow are listed below.
Slip and Fall Accidents
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Icy sidewalks, driveways, and parking lots can lead to slip and fall accidents.
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Accumulation of snow on walkways and entrances poses a slipping hazard.
Car Accidents
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Reduced visibility and slippery road conditions caused by snow or ice contribute to car accidents.
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Thin layers of ice (i.e., black ice) on roadways can be nearly invisible, catching drivers off guard.
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Heavy snowfall can impede visibility and road clearance, leading to collisions.
Pedestrian Accidents
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Icy sidewalks and crosswalks increase the risk of pedestrians slipping and falling.
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Reduced visibility due to snowfall can contribute to accidents involving pedestrians.
Accidents Involving Bicycles
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Icy or snow-covered bike lanes can pose risks to cyclists.
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Reduced traction on roads increases the likelihood of bicycle accidents.
Snow and Ice Falling Accidents
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Accumulated snow and ice on roofs and structures may fall, causing injury to individuals below.
Snow Removal Accidents
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Accidents can involve snow removal equipment, such as snowplows and snow blowers.
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Injuries can be suffered if individuals slip and fall while attempting to clear snow and ice.
Roof Collapses
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Accumulation of heavy snow on roofs can lead to structural damage and collapses.
Accidents Involving Public Transportation
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Delays and accidents can involve buses and trains due to snowy or icy conditions.
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Slip and fall accidents can occur public transportation stations and stops.
Snow Sport Injuries
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Injuries related to winter sports such as skiing, snowboarding, and ice skating, can occur.
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Accidents can occur on slopes or at ice rinks due to icy conditions.
Falling Object Accidents
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Ice accumulating on trees and power lines may lead to falling branches or power lines.
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Falling icicles from buildings can pose a threat to pedestrians and vehicles.
Workplace Accidents
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Employees may be at risk of slips and falls in parking lots and on company premises.
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Accidents can occur related to snow removal efforts on commercial properties.
Power Outages and Accidents
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Power outages can occur as a result of ice accumulation on power lines.
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Accidents can occur due to reduced visibility during power outages.
Water Accidents
- Frozen bodies of water can pose risks for accidents involving ice skating, ice fishing, or other winter activities.
School and Playground Accidents
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Slip and fall accidents can occur on icy school grounds and playgrounds.
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Injuries can be sustained during winter sports or play activities.
Snow and Ice Injuries in New Jersey
Some injuries specific to winter weather accidents include the following:
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Back and neck injuries, which are often caused when shoveling snow at home or work
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Heart attacks, which also often occur when shoveling or blowing snow
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Hypothermia
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Frostbite, which results in numbness, as well as permanent damage to the body, when skin, nerves, and tissue freeze
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Carbon monoxide poisoning, also known as the "silent killer," which occurs when carbon monoxide builds up in the bloodstream; this happens in winter weather because fireplaces, furnaces, and kerosene heaters are used
Other types of injuries range from minor bruises to catastrophic injuries.
Premises Liability and Snow and Ice Accidents in New Jersey
Under the principle of premises liability, a property owner or occupier has a responsibility to keep their property in a safe condition and warn visitors of potential hazards. In colder states, such as New Jersey, this concept often arises in the context of slip and fall accidents on snow or ice.
If a property owner fails to take reasonable steps to protect visitors from hazardous conditions caused by snow or ice, they may be liable for any injuries sustained as a result. What is considered reasonable will depend on the specific situation, but it may include treating walkways with salt or clearing ice or snow within a reasonable time.
When an injured party sues a property owner, he or she may seek damages for medical expenses, lost wages, and pain and suffering.
Who Is At Fault for Snow and Ice Accidents in New Jersey?
A property owner or occupier is not automatically liable for every slip and fall accident on their property as a result of winter weather conditions.
Whether a property owner owes a duty of care, and to what degree, may depend on factors including the following:
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the status of the injured person (were they a business invitee, licensee, or trespasser?)
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the type of property
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whether the area of the property was public or private
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the level of control the owner has over the property
In some situations, liability for a snow and ice accident might extend to a third party, such as a company contracted to plow the snow or a property management company.
Individuals must also exercise reasonable care in icy or snowy conditions. If the injured person acted negligently in this respect, the property owner may allege comparative negligence. In New Jersey, a "modified comparative negligence" approach is followed. This means that the plaintiff's own negligence will bar recovery in actions to recover damages if the plaintiff's negligence was greater than the negligence of the defendant against whom recovery is sought.
Liability and the Natural Accumulation Rule
In New Jersey, courts apply the natural accumulation rule to snow and ice accident cases. The natural accumulation rule provides that property owners are under no duty to keep sidewalks free from the natural accumulation of snow and ice.
While the natural accumulation rule specifically protects landowners against liability for conditions created by natural forces, the duty owed may differ when dealing with artificial conditions on property that create unreasonable risks.
Contact a Personal Injury Attorney for Snow and Ice Accidents in New Jersey Today
Strict time limits apply to file a personal injury claim. If you have been injured as a result of an accident caused by snow or ice in New Jersey, you should speak to a New Jersey personal injury attorney as soon as possible after seeking medical attention.
The law around liability for snow and ice accidents can be complex and varies depending on the specific circumstances of a case. A New Jersey attorney can review your case and advise you whether you have a basis for a personal injury case and the damages you may be entitled to claim. If you have been injured due to snow or ice, contact Mongiardo Law Group today at (973) 298-4557 or online to schedule a free consultation to discuss your case.
