Winter Slip-and-Fall Representation in New Jersey: Michael C. Kazer, P.C.

Why Winter Slip-and-Fall Accidents Are Dangerous

Winter conditions in New Jersey create hazards that often go unseen until it’s too late. Snow and ice can accumulate rapidly, and hidden “black ice” forms when water on asphalt freezes, producing a nearly invisible slick surface. These conditions contribute to thousands of injuries each year, from fractures to traumatic brain injuries, which can completely derail daily life. Moreover, shorter daylight hours and poor outdoor lighting further inhibit a pedestrian’s ability to identify hazards in time to react.

Unpredictable Weather Patterns

Rapid temperature changes cause repeated freeze–thaw cycles, undermining surface stability and creating melting refreeze conditions.

Black Ice Formation

Thin, clear ice layers form on walkways, making even well-maintained surfaces treacherous.

Poor Visibility

Limited daylight and inadequate outdoor illumination mask hazards like icy patches.

These factors combine to make winter walks—or trips to the bakery—potentially life-altering events. When negligence contributes to these storms’ aftermath, those injured need experienced legal help immediately.

New Jersey Property Owner Responsibilities Under Premises Liability Law

Under New Jersey law, property owners and occupiers have defined legal duties to maintain reasonably safe conditions for visitors. These duties vary by property type and the visitor’s status.

Duties of Commercial Property Owners

Business owners owe a high level of care to patrons. Following a snowfall or ice event, commercial properties must be cleared “within a reasonable period,” including shoveling, plowing, sailing, or applying salt and sand to prevent refreezing. Failure to do so can constitute negligence, even with heavy foot traffic during the holidays. Courts have held that ongoing storm exceptions apply only while the storm persists; once it ends, hazards must be addressed promptly.

Duties of Residential Property Owners

Private homeowners generally aren’t liable for naturally accumulated snow and ice on their dooryards and sidewalks unless local ordinances impose such a duty. New Jersey law exempts single‐family residences from strict removal obligations, unless the homeowner creates or worsens a hazard—such as redirecting runoff that forms black ice—or local municipal codes require clearing within specified timeframes.

Municipal Responsibilities & Notice Requirements

Public sidewalks and government buildings fall under municipal jurisdiction. Injured parties must file notice of claim within 90 days of a slip-and-fall on public property; municipal liability claims require adherence to strict notice rules, and lawsuits must be filed within the state’s two-year statute of limitations for personal injury actions.

The Ongoing Storm Rule

New Jersey’s Supreme Court recognizes the “ongoing storm rule,” which relieves landowners of duty to remove snow and ice until a storm concludes. However, this exception does not apply if conditions worsen a known hazard or if hazardous conditions preexist the storm under “unusual circumstances”.

Evidence Gathering and In-Depth Investigation Techniques

Building a winning slip-and-fall claim hinges on immediate and thorough evidence collection. Key steps include:

Seek medical attention, even for seemingly minor injuries, and maintain all treatment records.
Photograph or videotape the accident location, hazard (ice, snow, wet surfaces), and any signage—or lack thereof—around the scene, with timestamps if possible.
Notify property owners or managers promptly, request a written incident report, and keep a copy.
Obtain witness names and contact details for unbiased accounts.
Preserve shoes, clothing, and other physical evidence that may show the hazard’s impact.

Advanced investigative techniques may involve securing surveillance footage, subpoenaing maintenance logs and snow removal records, interviewing property employees and third-party contractors, and consulting experts in meteorology or property maintenance to establish that hazardous conditions were known—or should have been known—and ignored.

Contact us Today for a Free Consultation

If you or a loved one has suffered a snow or ice slip-and-fall accident in New Jersey, contact Michael C. Kazer, P.C. today for a free consultation. Let us secure the justice and compensation you deserve so you can focus on your recovery.