Expert Opinion | Premises Liability: Slipping on Ice at a Home Isn’t “Just an Accident”—Tenants and Visitors Have Rights

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When property owners—including landlords—fail to manage known winter hazards, people can suffer life-altering injuries.

January 02, 2026 at 12:01 PM
By Michael J. Epstein

Winter has a way of turning familiar spaces into hidden hazards. A front walkway looks peaceful under a dusting of snow—until you discover the sheet of ice beneath it. A charming apartment building loses its charm quickly when the front steps become a frozen slide. And for too many people, what starts as a simple walk to the mailbox or trip to a friend’s home ends in a fall, a fracture, and a long, painful recovery.

Contrary to popular belief, a slip-and-fall at a home is not automatically “just an accident” or “nobody’s fault.” The law doesn’t take a snow day. When property owners—including landlords—fail to manage known winter hazards, people can suffer life-altering injuries. And in many cases, they have legal rights.

Different Property, Different Duties

Winter fall cases at residential properties sit at the intersection of premises liability and habitability law—and those are primarily governed by state law. While rules vary, the underlying principle is consistent: if you control property others rely on for safe access, you must act reasonably to keep it safe.

That means clearing snow and ice, salting walkways, and making sure melting and refreezing aren’t allowed to create a recurring danger.

Let’s break the landscape down.

Landlords and Property Managers: Safety Isn’t Optional

In rental properties, landlords and property managers typically have a legal duty to maintain common areas. State habitability standards and housing codes require safe, usable access to one’s home—and that includes winter conditions.

Common areas often include:

• Entrances and stairways
• Shared sidewalks and parking lots
• Mail and package areas
• Dumpster and recycling access
• Walkways to laundry or shared amenities

When tenants report dangerous ice—or when freezing conditions make ice obvious without a complaint—landlords must act within a reasonable time. Failure to do so can result in liability.

Importantly, many cities layer in local snow-removal ordinances, requiring sidewalks and multi-unit walkways to be cleared within a speciZc timeframe. Violating those ordinances isn’t just a municipal penalty risk—it can serve as compelling evidence of negligence.

Condo and HOA Rules Matter, too

In condo and HOA-governed communities, the association often controls snow and ice removal. Homeowners’ and tenants’ rights are typically deZned by:

• Community bylaws
• Maintenance agreements
• State condo and HOA statutes
• Local ordinances

If the association is responsible and doesn’t perform reasonable winter maintenance, it may be held accountable.

Single-Family Homes: Duty Still Exists

Private homeowners do not face the same obligations as landlords or commercial property owners—but they are not immune to responsibility.

When hosting guests, they must take reasonable steps to address known hazards and warn visitors of dangers that aren’t obvious.

That means:

• Clearing walkways and steps
• Salting slippery surfaces
• Fixing or warning about known drainage or refreeze issues

No one expects homeowners to turn their driveway into a civic public-works project. But ignoring obvious ice and hoping gravity is kind isn’t a defense—it’s negligence.

“But It’s Winter” Isn’t a Shield

Weather happens. Everyone slips sometimes. But there’s a meaningful legal and moral distinction between a naturally slick moment during a storm and a preventable hazard caused by inaction.

Residential falls often result in:

• Hip fractures
• Shoulder and rotator cuff tears
• Wrist and hand fractures from bracing a fall
• Traumatic brain injuries

These are not minor inconveniences. They are life￾changing events. A fall for an older adult can mean loss of independence, long-term rehab, or permanent disability.

We all understand winter is part of life. But so is duty—the duty to keep shared and entrance areas passable and to act like people’s safety matters.

Evidence Speaks Loudly

Success in winter-injury cases requires proof, and modern tools make that easier:

• Texts or maintenance requests to landlords
• Video doorbells and security footage
• Photos of icy conditions taken before and after the fall
• Neighbor testimony about recurring ice
• HOA communications and service logs

If ice reappears in the same place every winter or every night after melting, it isn’t Mother Nature being mischievous. It’s a maintenance failure.

Accountability Creates Prevention

These cases aren’t about punishing homeowners or vilifying landlords. They’re about protecting people and encouraging reasonable winter safety practices.

When landlords understand they can be held accountable, they’re more likely to:

• Budget for snow removal
• Monitor freeze-thaw cycles
• Respond promptly to tenant reports
• Invest in proper drainage

And when homeowners know their duty, most take it seriously—because nobody wants a neighbor or a holiday visitor seriously hurt.

Winter Is Unpredictable—Responsibility Shouldn’t Be

Walkways freeze. Weather shifts fast. But responsibility is constant. Whether you manage an apartment building or own a home, clearing ice and snow isn’t just polite—it’s required by law and rooted in basic care for others.

If you invite people to your property, or if tenants depend on you to safely access theirs, winter doesn’t pause that duty. It tests it.

About the author: Michael J. Epstein is the managing partner of The Epstein Law Firm, P.A., and has represented hundreds of victims and families impacted by injuries because of negligence in New Jersey.

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