Your Rights to Compensation | The Duties of Property Owners
Winter in New Jersey means snow and ice covering sidewalks, steps, parking lots, driveways and other thoroughfares, making pedestrian travel treacherous. What are the duties of New Jersey property owners with respect to the removal of snow and ice? Can you recover compensation when a commercial or residential property owner fails to reasonably remedy snowy or icy conditions?
Premises Liability in New Jersey
As a general rule, a residential or commercial property owner has a duty to take reasonable steps to monitor real property conditions to minimize the risk of personal injury by persons legally on the premises. Though snow and ice are naturally occurring, and can come with little notice, a property owner may still have a legal obligation to take steps to protect visitors.
In New Jersey, where snow and ice are common, it’s reasonable for property owners to expect such weather and be prepared to respond, either by removing the snow and ice or limiting access to sidewalks, steps, or other locations where visitors might slip and fall. But a property owner is not automatically liable if someone slips and falls on snow or ice. A property owner typically is liable only if his or her response was unreasonable.
The standard of care varies in New Jersey, based on who owns the premises:
- Residential property owners have responsibility if they invite someone to their home but fail to take reasonable measures to address potential risks posed by an accumulation of snow and/or ice.
- Business owners have a higher duty. Because a business can reasonably expect their premises to be used by consumers, they must either clear snow and ice or post a warning of the potential danger.
Contact an Experienced Cherry Hill, New Jersey, Slip-and-Fall Lawyer
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