Injured on Ice or by a Snow Plow in New Jersey? Know Your Legal Rights This Winter

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Winter weather in New Jersey presents serious risks to pedestrians, drivers, and property owners. Snow, sleet, freezing rain, and black ice all contribute to injuries during the colder months—especially when sidewalks and roads are not properly maintained. If you’ve been injured in a slip and fall, struck by a snow plow, or hurt due to poorly cleared walkways, you may have the legal right to seek compensation.

This guide explains the most common winter weather injuries in New Jersey, who may be held legally responsible, and what you should do if you’re the victim of an ice-related accident.

Common Winter Weather Injury Scenarios in New Jersey

1. Slip and Fall Accidents Outside Businesses and Residences

Slip and fall injuries are the most common type of winter-related accident. These typically occur when snow or ice is not cleared from:

• Storefronts and commercial entrances
• Apartment building walkways
• Residential driveways and sidewalks
• Public spaces, such as transit stops or government buildings

These injuries can lead to broken bones, concussions, soft tissue injuries, and even spinal cord damage. If a property owner or manager failed to clear ice in a timely and reasonable manner, they may be held liable under premises liability laws in New Jersey.

2. Falls Caused by Untreated Black Ice

Black ice is nearly invisible and extremely dangerous. It often forms after snow melts during the day and refreezes at night. Victims may not notice it until they’ve already slipped. Common black ice hotspots include:

• Parking lots outside retail stores or office buildings
• Residential sidewalks and driveways
• Transitional areas between streets and building entrances

A failure to apply salt or sand to known ice-prone areas may constitute negligence. Black ice injuries often occur because property owners or snow removal contractors didn’t monitor temperature drops or re-freezing patterns after a storm.

3. Snow Plow Collisions Involving Pedestrians or Vehicles

While snow plows serve a vital function in keeping roads clear, they can also become a hazard when improperly operated. Common incidents involving snow plows include:

• Pedestrians being struck while walking on sidewalks or crossing streets
• Parked cars being damaged when plows push snow against them
• Snow piles causing visibility issues that lead to accidents

Liability in snow plow accidents depends on who operates the plow — a municipality, a commercial contractor, or a private company. If the driver acted recklessly or violated operating procedures, they or their employer may be held accountable.

4. Injuries Caused by Sudden Refreezing After a Thaw

Fast-moving winter storms in New Jersey are often followed by brief periods of sunshine and above-freezing temperatures that melt snow and ice. As temperatures drop again — usually overnight — these surfaces refreeze, often without warning.

These newly formed ice patches are especially dangerous because property owners may believe their duty to clear snow is over. However, if they knew or should have known of the likelihood of refreezing, they could still be held liable for failing to re-treat or salt walkways, driveways, and parking lots.

 

Who Is Liable for Ice and Snow Accidents in New Jersey?

Commercial Property Owners and Their Legal Responsibilities

Commercial property owners, such as business operators, landlords, or shopping center managers, have a high duty of care under New Jersey law. They are expected to:

• Monitor weather conditions
• Take timely steps to remove snow and ice
• Warn visitors of hazardous conditions (e.g., posting signs or blocking off dangerous areas)

If a business fails to act reasonably, they may be sued for injuries sustained on their premises.

Residential Property Owners: What They’re Responsible For

Residential homeowners also have snow removal duties, although their legal obligations vary depending on local city or county ordinances. Many New Jersey towns require residents to clear snow from adjacent sidewalks within a certain number of hours after a storm ends. If a homeowner fails to do so and someone is injured, a claim may be brought against their homeowners insurance.

Snow Removal Contractors and Third-Party Liability

In many cases, businesses and residential communities outsource snow removal to third-party contractors. These contractors can also be held liable if their failure to adequately clear snow or salt leads to an accident. For example:

• Clearing only part of a sidewalk
• Neglecting to return to treat for refreezing
• Damaging a curb and creating a hazard

When a snow plow operator causes injury, either directly or through poor workmanship, their employer may be sued for negligence or breach of contract.

Municipal Liability and Government Responsibility

If your injury occurred on public property — such as a city sidewalk, road, or transit area — the municipality responsible for snow removal might be liable. However, suing a government entity involves strict deadlines and additional requirements:

• In most cases, a Notice of Claim must be filed within 90 days of the injury
• Municipalities may also be protected by certain immunity laws, making it harder to bring a claim

Because these cases are complex, legal representation is highly recommended.

 

What You Need to Prove in a Winter Injury Claim

To successfully win a winter weather injury lawsuit, your attorney will need to demonstrate:

1. Duty of Care: The property owner or party had a legal obligation to maintain safe conditions.
2. Breach of Duty: They failed to act reasonably (e.g., did not remove ice, failed to salt after a refreeze).
3. Causation: Their breach directly led to your fall or injury.
4. Damages: You suffered physical and financial harm, such as medical bills, lost wages, or long-term disability.

Supporting evidence may include:

• Time-stamped photos of the scene
• Medical records and injury reports
• Weather data showing temperature drops and re-freezing conditions
• Witness testimony or surveillance footage

 

What to Do Immediately After a Winter Weather Injury

Steps to Protect Your Rights

If you’ve been injured due to snow or ice, take the following actions as soon as possible:

1. Take clear photographs of the scene, including the icy surface, nearby signage, and surroundings.
2. Get medical attention right away, even for seemingly minor injuries. This creates a record of your condition.
3. Write down the time and location of the incident.
4. Get the names and phone numbers of any witnesses.
5. Report the incident to the property owner or manager.

The sooner you contact a personal injury attorney, the better your chances of preserving evidence and building a strong case.

Deadlines for Filing a Claim in New Jersey

New Jersey’s statute of limitations for personal injury claims is two years from the date of the injury. However, if your claim involves a municipality or government agency, you must file a Notice of Claim within 90 days — or your right to sue may be lost forever.

 

Frequently Asked Questions About Winter Injury Liability

Can I sue if I slipped and fell on ice outside a store in New Jersey?

Yes. If the store owner or property manager failed to remove snow or ice within a reasonable amount of time after a storm, and you were injured as a result, you may have a legal claim under New Jersey’s premises liability laws. Commercial property owners are held to a high standard and must take proactive measures to keep their premises safe during winter months.

Who is responsible if a snow plow hits my car or injures me?

Responsibility may fall on:

• The driver (if they acted recklessly),
• The snow plow company (if the driver was employed by a contractor), or
• A municipality (if it was a city-operated vehicle).

Each scenario involves different legal standards and deadlines, so it’s important to consult an attorney quickly to determine the liable party.

What if I slipped on black ice in a parking lot?

Black ice is extremely hazardous, but property owners still have a duty to monitor and treat known problem areas, especially after a refreeze. If a parking lot wasn’t salted or treated appropriately and you were injured, you could have grounds for a negligence claim.

Are homeowners liable for icy sidewalks in front of their homes?

It depends on local ordinances. In many New Jersey towns and cities, homeowners are legally responsible for clearing the sidewalk in front of their property. If they fail to do so and someone is injured, they may be held liable. Homeowners’ insurance may cover damages in such cases.

Is the town or city responsible for snow and ice on public sidewalks or roads?

Sometimes. If your injury occurred on a city-owned sidewalk or government-maintained roadway, the municipality could be held liable. However, claims against public entities in New Jersey must follow strict procedures, including filing a Notice of Claim within 90 days of the incident.

 

Contact The Epstein Law Firm, P.A., Today

A winter injury can lead to thousands of dollars in medical bills, lost income, and long-term disability. If your accident was caused by negligent snow removal, failure to salt icy surfaces, or a reckless snow plow operator, you may have a right to full compensation.

An experienced New Jersey personal injury lawyer can:

• Investigate the circumstances of your accident
• Gather evidence and identify liable parties
• Communicate with insurance companies on your behalf
• File a lawsuit within state deadlines

Don’t wait. Contact The Epstein Law Firm, P.A., today for a free consultation and let a legal professional help you protect your rights and pursue fair compensation.