Updated Dec 19, 2023
We receive many inquiries from potential clients regarding injuries sustained from slips and falls on snow and ice.
Not every such injury, of course, warrants bringing a personal injury claim. The mere fact that someone falls and hurts him or herself while walking on a sidewalk, walkway, parking lot, etc. due to snow and ice, does not automatically mean he or she has a claim worth pursuing. Whether a person can successfully bring a claim is very fact-sensitive. Among these facts to consider is the type of property on which the person fell. The law in New Jersey is different in this area for single-family homes, two-family dwellings, three-family dwellings, and publically or government-owned buildings.
Almost all potential clients are surprised to learn that governments are generally immune from liability for negligent snow removal under either the weather-immunity provision of the New Jersey Tort Claims Act, N.J.S.A. 59:4-7, or the common-law immunity for public entities snow-removal activities.
As always, if you or someone you know was badly injured due to a slip and fall, feel free to call us for a free consultation. If you think you may have a potential claim, we always recommend photographing the location of the fall as soon as possible. The photographs (which can easily be taken from a cell / smartphone), should capture the condition and also the general area of the location of the fall in relationship to the rest of the property.