Every New Jersey winter brings a wave of falls on icy sidewalks, unsalted parking lots, and refrozen steps. Many of them cause broken wrists, hip fractures, and head injuries. Whether someone else is responsible depends on a few questions: who owns the property, whether it's commercial or residential, whether the storm was still going on, and what was done to clear it.
Commercial property owners
New Jersey holds commercial property owners to a meaningful duty. They must take reasonable care to keep their property safe for visitors, including clearing snow and ice within a reasonable time. That covers parking lots, entrances, walkways, and stairs at stores, offices, restaurants, gas stations, and similar businesses.
Commercial owners are also responsible for the public sidewalk next to their property. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), the New Jersey Supreme Court held that commercial landowners must maintain the abutting sidewalk in reasonably good condition, and later cases apply that duty to snow and ice.
Residential property owners
The rule is different for homes. Residential homeowners generally have no duty to clear the public sidewalk in front of their house. In Luchejko v. City of Hoboken, 207 N.J. 191 (2011), the Supreme Court applied that to a residential condominium as well. Two caveats:
- A homeowner who does clear the sidewalk and makes it more dangerous, for example by shoveling snow into a pile that melts and refreezes across the walk, can be liable.
- Homeowners still owe duties to guests on their own property, such as the driveway and front steps.
Landlords and apartment complexes
Landlords generally must keep common areas such as parking lots, walkways, stairs, and entrances reasonably safe for tenants and visitors, including in winter. Large apartment complexes are usually treated much like commercial owners for their common areas. Read your lease too. It may assign snow removal duties, but it can't remove the landlord's basic responsibility for common areas.
The "ongoing storm" rule
In Pareja v. Princeton International Properties, 246 N.J. 546 (2021), the New Jersey Supreme Court held that commercial landowners generally don't have to remove snow and ice while a storm is still going on. Their duty begins within a reasonable time after it ends. There are two exceptions:
- The owner did something during the storm that increased the risk, such as partly clearing in a way that created a hazard.
- There was a pre-existing risk on the property before the storm, such as old ice from an earlier storm that was never treated.
Weather records matter. Exactly when the precipitation stopped, and whether temperatures rose and fell afterward, can decide the case.
Falls on government property
Falls on public property are governed by the New Jersey Tort Claims Act, which gives public entities significant immunities. That includes immunity for injuries caused solely by weather conditions on streets and highways (N.J.S.A. 59:4-7) and broad protection for snow-removal decisions. Claims are still possible in some situations, such as a public building's walkway with a dangerous condition the entity knew about. But you must serve a notice of claim within 90 days (N.J.S.A. 59:8-8). See all New Jersey deadlines.
Comparative fault on ice
Property owners often argue that you should have seen the ice, worn better shoes, or taken another route. Under New Jersey's comparative negligence law, those arguments can reduce a recovery, but they don't bar it unless you're found more than 50% at fault. Black ice, which is hard to see by definition, often weakens the "you should have seen it" argument.
Evidence to gather right away
Snow and ice melt, and so does your case. If you can, or if someone can do it for you:
- Photograph the exact spot where you fell, including the ice, the lack of salt, and any downspout or drainage problem causing refreezing
- Photograph your shoes and the surrounding area from several angles
- Get names and numbers from witnesses and employees
- Report the fall to the manager or property owner and ask for a copy of the incident report
- Note any security cameras. Store video is often recorded over within days.
- Get medical care right away and tell the provider exactly how you fell
A lawyer can get historical weather data, snow-removal contracts, and maintenance logs that show what the owner did or didn't do.
Snow removal contractors
Many businesses and complexes hire contractors to plow and salt. If the contractor didn't show up, cleared poorly, or failed to treat refreezing areas, the contractor may share responsibility. Contracts and service logs are important evidence.
Frequently asked questions
How long do I have to file?
Generally two years from the fall (N.J.S.A. 2A:14-2). It's 90 days for a notice of claim if a public entity is involved.
The store said it "salted this morning." Does that end my claim?
Not necessarily. The question is whether the owner acted reasonably given the conditions, including refreezing, foot traffic, and how much time passed since the storm.
What if I fell at work?
You likely have a workers' comp claim. If the property belonged to someone other than your employer, you may also have a third-party claim.
See our slip and fall page. We've recovered seven figures in New Jersey premises cases, including a $1.3 million settlement for a fall on an uneven restaurant walkway in Morris County.