Can Someone Sue for Slipping on Ice?
February 5, 2021
“Can someone sue for slipping on ice? It’s a question our clients often ask us during the winter season. A slip and fall accident on ice can leave a fall victim with serious injuries that may require extensive medical treatment and keep them out of work for an extended period of time. If you’ve suffered a slip and fall accident on snow and ice on someone else’s property in New Jersey, you may wonder whether you may be entitled to bring a legal claim against the property owner.
Compensation Available in a Slip and Fall Claim
In a slip and fall claim, you may be entitled to recover compensation for the expenses and losses you’ve incurred due to your injuries, including for:
- Medical and rehabilitation expenses
- Lost wages and income
- Lost ability to work
- Pain and suffering
- Loss of quality of life
Lawsuits seeking compensation for personal injury suffered in a slip and fall accident on ice in New Jersey must be filed within two years of the date of the accident.
Suing a Commercial Property Owner for a Slip and Fall on Ice
Under New Jersey law, business and commercial property owners have a duty to keep their premises safe for lawful visitors, such as customers or clients. This duty includes the obligation to remove buildups of snow and ice from their premises. Business and property owners are expected to regularly inspect their premises for buildups of snow and ice during the winter, and to take measures to prevent or mitigate the buildup of ice from melting and refreezing (such as by throwing down salt or other chemical melting agents), and to remove snow and ice as it falls during winter weather.
Bringing a legal claim for compensation for injuries suffered in a slip and fall accident on ice or snow on business or commercial property will require you to show that the business or property owner was negligent with respect to their ownership and maintenance of the property. In many cases, this may mean calling on experts to testify as to efforts that a business or property owner could have taken to mitigate or remove the buildup of ice on their premises and what typical industry standards for snow and ice removal call for (including how often premises should be inspected for snow and ice buildup, or how soon after a winter storm snow and ice removal efforts should begin).
Read more: How Much Is My Personal Injury Case Worth?
Holding a Homeowner Liable for a Slip and Fall Accident Caused by Snow and Ice
Conversely, holding a homeowner responsible for injuries and damages arising from a slip and fall accident that occurred due to snow and ice on the homeowner’s property can be much more difficult. While many municipalities have ordinances requiring residential property owners to keep sidewalks abutting their properties in good condition and to clear snow and ice within a certain time following winter weather, there is no state law that requires residential property owners to maintain abutting public sidewalks in a safe condition. As a result, a slip and fall accident victim may have very limited options for recovering compensation.
However, private walkways located on a homeowner’s property are a different story. If a person slips and falls on ice on a walkway leading up to a residence’s front door, then New Jersey’s normal premises liability law may impose duties on private property owners to maintain their premises in safe condition. These duties might include keeping walkways on the homeowner’s property free of snow and ice buildup, or placing signs warning lawful visitors of the presence of snow and ice.
Contact a Rochelle Park Personal Injury Lawyer to Discuss Your Slip and Fall Case in New Jersey
Did you or a loved one sustain serious injuries due to a slip and fall accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Epstein Law Firm, P.A. represent clients injured because of ice & slick surface accidents in Hackensack, Teaneck, Fort Lee, Fair Lawn, and throughout New Jersey. Call 201-231-7847 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 340 West Passaic Street, Rochelle Park, NJ 07662.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.