New Jersey Laws on Removing Snow and Ice from Property

New Jersey winters bring snow and ice, and while it may create a picturesque scene, it also presents serious risks. Slips and falls on icy sidewalks can lead to severe injuries, making it crucial for property owners to understand their legal obligations. Whether you own a home or business or manage a residential complex, failing to remove snow and ice on time could have legal and financial consequences.

This blog will explain New Jersey’s laws on snow and ice removal, outlining property owners’ responsibilities, potential penalties, and what to do if you’ve been injured by uncleared walkways.

Legal Obligations for Property Owners in New Jersey

Under New Jersey law, property owners must take reasonable steps to ensure their premises, including sidewalks and entryways, are safe for visitors. However, the specific responsibilities vary based on the type of property:

• Residential Property Owners: Generally, homeowners are not liable for accidents caused by naturally accumulating snow and ice on public sidewalks. However, if a homeowner attempts to clear snow negligently (e.g., creating a more dangerous icy condition), they may be held liable.
  
• Commercial Property Owners: Businesses have a heightened duty to maintain safe premises, including removing snow and ice from sidewalks and entryways. Failure to take reasonable steps to prevent hazardous conditions can result in liability for slip-and-fall accidents.
  
• Landlords and Homeowners’ Associations (HOAs): If the property is rented or governed by an HOA, lease agreements and community bylaws typically determine whether the tenant, landlord, or association is responsible for snow removal.

Each New Jersey municipality has specific ordinances regarding snow and ice removal. These local laws dictate when and how snow must be cleared and impose penalties for non-compliance.

It’s also important to note that New Jersey follows the “mode of operation” rule, meaning that businesses are expected to anticipate potential hazards associated with their operations, including snow and ice buildup. If a business fails to take preventative measures, it may be automatically held liable for injuries resulting from its negligence.

Who Clears Snow from the Sidewalk?

Local governments across New Jersey have enacted ordinances that require property owners to remove snow from sidewalks adjacent to their property. Failure to comply can result in fines or citations. Here are some examples:

• Jersey City: Property owners must clear snow within eight hours of snowfall or eight hours after sunrise if snow falls overnight.
  
• Newark: Snow must be removed within 12 hours of snowfall ending.
  
• Morristown: If a homeowner fails to clear snow, the Department of Public Works will do so and place a lien on the property for the cost.
  
• Woodbridge: Residents must shovel a three-foot-wide path.

For commercial properties, the timeframe for clearing snow is often shorter, and business owners may be required to perform routine inspections to ensure sidewalks remain safe.

While the above ordinances outline legal obligations, property owners should consider ethical and safety implications. Keeping sidewalks clear ensures compliance and demonstrates concern for community members and visitors who rely on safe walkways during winter months.

How Long Can I Wait to Shovel?

In most New Jersey towns, property owners must clear snow and ice within 8 to 24 hours after snowfall ceases. The specific timeframe depends on local ordinances. Property owners may face fines or legal action if sidewalks are not cleared within the designated time.

Additionally, New Jersey courts have ruled that commercial property owners must address hazardous snow and ice conditions in a “reasonable” timeframe. This means that even if an ordinance does not mandate immediate removal, property owners can still be found negligent if they fail to clear hazards within a reasonable period.

Moreover, the concept of constructive notice applies in personal injury cases. This means that if a property owner should have reasonably known about the snow or ice hazard and failed to take action, they could be held liable. Courts will often look at weather reports, past snowfall history, and business hours when determining whether a property owner acted reasonably in snow removal efforts.

Penalties for Failing to Remove Snow and Ice

Penalties for failing to comply with local snow removal ordinances can include:

• Fines: Municipalities may issue fines ranging from $25 to $1,000, depending on the severity of the violation and prior offenses.
  
• Lawsuits: If someone slips and falls due to uncleared snow or ice on your property, you may face a personal injury lawsuit seeking compensation for medical expenses, lost wages, and pain and suffering.
  
• Municipal Action: Some towns will clear sidewalks and add the cost to the property owner’s tax bill as a lien.

While enforcement of these rules varies, property owners should prioritize clearing snow to avoid legal and financial repercussions.

Liability for Snow and Ice-Related Injuries

If you slip and fall on ice or snow that was negligently maintained, you may have a legal claim against the property owner. In New Jersey, the burden of proof in such cases typically involves establishing the following:

1. Duty of Care: The property owner was legally responsible for maintaining a safe walkway.
   
2. Breach of Duty: The property owner failed to remove snow or ice within a reasonable timeframe or created a more dangerous condition through improper removal.
   
3. Causation: The hazardous condition directly caused the accident.
   
4. Damages: The fall resulted in actual harm, such as medical expenses, lost wages, or pain and suffering.

New Jersey follows comparative negligence laws (N.J.S.A. 2A:15-5.1). Your compensation may be reduced accordingly if you are partially at fault for the fall (e.g., wearing inappropriate footwear or ignoring visible warnings).

What to Do If You’re Injured Due to Uncleared Snow and Ice

If you suffer a slip and fall injury due to neglected snow or ice, follow these steps to protect your rights:

• Document the Scene: Take photos of the icy or snowy conditions before it is cleared.
  
• Seek Medical Attention: Your health is the priority, and medical records can be crucial evidence.
  
• Report the Incident: Notify the property owner, landlord, or manager about the fall.
  
• Gather Witness Information: If anyone saw the accident, collect their contact details.
  
• Consult a Personal Injury Attorney: A legal professional can evaluate your case and advise you on the best action.

Notable New Jersey Cases Involving Snow and Ice Injuries

Several key cases have shaped New Jersey’s snow and ice liability laws:

• Stewart v. 104 Wallace Street, Inc. (1983): The New Jersey Supreme Court ruled that commercial property owners have a duty to keep sidewalks safe and can be held liable for failing to remove snow and ice.
  
• Qian v. Toll Brothers, Inc. (2013): The court clarified that landlords may be responsible for injuries on rental property sidewalks if their lease agreements require them to maintain the premises.

At Rosengard Law Group, we understand the profound impact a slip and fall accident can have on your life. Contact us for a free consultation if you’ve been injured due to unsafe sidewalk conditions. Our experienced attorneys are here to help you pursue the compensation you deserve.

Call (856) 284-6446 or visit www.rosengardlawgroup.com to discuss your case today.