Icy Dicey Sidewalks, Walkways, Driveways and Parking Lots in New Brunswick

In New Jersey, whether a property owner is liable for injuries that someone suffers on snow and ice on a sidewalk depends upon whether the abutting property is a commercial or residential property, such as a single family home. If you experienced a slip and fall accident on icy and slippery sidewalks, contact a slip and fall attorney to evaluate your case.

A homeowner is almost never liable for injuries on their sidewalk, because they have no legal duty to remove snow or ice accumulation. Even though some municipalities may require homeowners to clear their sidewalks, and may enforce this through fines, this does not provide a basis of tort liability. However, a residential property owner may be responsible where the owner has attempted to remove snow and ice and makes the situation worse.

Conversely, owners of commercial properties and multiple dwellings, such as apartments and condo complexes, have a legal obligation to do what a reasonable commercial property owner would to clear snow and ice from their abutting sidewalks, walkways, driveways and parking lots. This is because a commercial enterprise, such as a shopping mall or restaurant, invites people onto their property for their financial benefit and therefore bears the duty of exercising reasonable care in keeping their customers safe.

Reasonable care is a highly fact sensitive issue that is open to a wide range of interpretation and for which there is no established definition. Many times expert testimony is used to establish what is reasonable under the circumstances.

So, for instance, every single business on George Street, between Livingston Avenue and Route 27 in New Brunswick, from the Dunkin Donuts to the Starbucks, is responsible for keeping the sidewalk in front of their building reasonably clear of snow and ice. Meanwhile, the homeowners on Livingston Avenue do not have the same duty. However, those business owners who have converted one of the old Victorian homes on Livingston into a business fall into the former category, and must do what is necessary to make sure the sidewalks abutting their property are reasonably clear of snow and ice.

If you are injured in a slip and fall on ice, it is important to seek the advice of a slip and fall attorney immediately so the attorney may investigate these potential issues.

Contact Us at 1-866-RAMLAW1.

If you or a loved one has been injured in a slip and fall accident on icy sidewalks, walkways, driveways and parking lots in New Brunswick or anywhere else in New Jersey, get the medical attention you need.  Then, call RAM Law now for a free initial consultation.  Contact us by e-mail or call our offices, in New Brunswick at 732-247-3600 or in Somerville at 908-448-2560.