Can I Sue for Injuries Caused by Falling Ice or Snow?

New Jersey winters can be aesthetically pleasing, but the snow and ice they bring can also create hazardous conditions. If you have been injured by falling ice or snow, you might be wondering if you have legal recourse. Please continue reading as we explore the complexities of premises liability in New Jersey regarding winter weather incidents, helping you understand your rights and the factors that determine whether you have a valid claim for damages. Additionally, it’s in your best interest to connect with an experienced Morris County Slip and Fall Lawyer who can help pursue the compensation you deserve. 

Can I Hold a Property Owner Responsible if I’m Injured by Falling Ice or Snow?

First and foremost, it’s crucial to understand that under premises liability laws, property owners and occupiers in New Jersey have a legal duty to maintain safe premises for their visitors. This includes taking steps to prevent treacherous conditions caused by winter weather. For instance, a landlord should address hazardous icicles hanging above a common area that tenants utilize. Likewise, a business with an awning must clear dangerous buildup before it falls on customers. Failure to do so can result in a personal injury claim if someone is harmed as a result of their negligence.

It should be noted that not every injury automatically results in property owner liability. New Jersey courts will assess whether the property owner failed to act reasonably, given the unique circumstances. Property owners are not expected to clear snow or ice during an active storm; however, once the weather subsides, they must take action within a reasonable timeframe. If a hazard has not been immediately rectified, owners should implement the necessary steps to warn visitors about the potential danger. Ultimately,  a property owner can be held liable if they knew or reasonably should have known about a hazardous condition and failed to remedy it.

Should I Consult an Attorney?

Unfortunately, establishing negligence in cases involving falling ice or snow can present significant challenges. Property owners may contend that the incident was unavoidable or that their actions were reasonable given the particular circumstances. A qualified attorney can assist in investigating the accident, collecting evidence of damages, reviewing maintenance records, identifying the responsible party, collaborating with experts, negotiating a settlement, and, if necessary, representing your interests in court.

Furthermore, an attorney can ensure that your claim is filed within New Jersey’s statute of limitations, which can be a stringent 90 days for claims against a government entity, or two years for private property. Failure to file your claim within the appropriate timeframe can result in the forfeiture of your legal rights.

As you can see, property owners can be held accountable for injuries caused by falling ice or snow if they failed ot act reasonably to prevent a foreseeable hazard. At Lutz Injury Law, we are prepared to help protect your rights. Connect with our firm today for guidance.