Hackensack Black Ice Accident Lawyer
Experienced Slip & Fall Accident Lawyers Advocate for Clients Injured in Black Ice Accidents Across Bergen County, NJ
Snow and ice are no strangers to New Jersey residents. While snow and ice can be picturesque and create ideal conditions for winter sports, these elements also create the risk of serious injury. Because black ice is so difficult to see, it causes countless car accidents and slip and fall accidents across the state each winter.
Many black ice accident victims may be unaware that property owners are responsible for taking steps to prevent these accidents. At The Epstein Law Firm, P.A., our experienced injury lawyers put our skills to work for you to determine whether you have the right to financial compensation. We have been helping New Jersey accident victims get fair compensation for a collective 120-plus years.
New Jersey black ice slip and fall accident cases are complicated by a legal rule known as the “ongoing storm rule”. Property owners often try to escape liability by claiming they could not do anything to prevent the dangerous snow and ice from accumulating. This rule, however, does not always prevent victims from recovering compensation. In fact, a court recently allowed a plaintiff to proceed with a black ice slip and fall case even where there was an ongoing storm.
If you were hurt on someone else’s property because of a slip and fall on black ice, call our experienced accident lawyers to learn more about your rights today. Your first consultation is free so that we can discuss options for recovering compensation in your case.
The Danger of Black Ice Accidents
Black ice is one of the most dangerous winter-weather conditions that we experience in New Jersey. When you slip on a patch of black ice, you likely have little hope of preventing a fall. When you are walking across someone else’s property, especially a business or commercial property, you also have no way of knowing whether the property has been properly maintained and is clear of dangerous black ice.
Black ice typically forms after snow has been cleared improperly and there has been a mild thaw and re-freeze without any measures taken to prevent the black ice from forming. In fact, ice can remain present even when the temperature exceeds the freezing point, which often makes black ice that much more difficult to anticipate.
Slip and fall accidents on black ice can cause significant injury, including:
- Brain injuries
- Head and neck injuries
- Back injuries
- Spinal cord injuries
- Broken bones
- Torn ligaments and tendons
If you have been seriously hurt in a black ice slip and fall accident, contact The Epstein Law Firm, P.A. for a free case review today. We fight to get the fair compensation you need to protect your future.
Liability for Injuries Sustained in Black Ice Accidents
As in other slip and fall accident cases, the property owner may be financially responsible for black ice that creates a hazard on the property. Property owners have a duty to keep their property reasonably safe. In winter months, property owners often try to avoid responsibility by arguing that an ongoing storm made it impossible for them to keep the premises free of snow and ice.
While the ongoing storm rule can sometimes limit a property owner’s duty to take action during an ongoing storm, courts have, in practice, tempered this rule by imposing a reasonableness standard.
Therefore, you may be entitled to financial compensation for a black ice slip and fall accident if:
- You were lawfully on someone else’s property (whether as an invited guest, customer, employee, tenant, resident or otherwise)
- You slipped and fell on black ice
- The slip and fall caused you to suffer injuries
- The property owner either knew or reasonably should have known about the black ice and the danger it presented
- The property owner failed to take action to remove or treat the black ice (such as salting the walkways) or take steps to warn about the black ice to prevent injuries
At The Epstein Law Firm, P.A., we work to hold negligent property owners accountable for your injuries. Potentially liable parties in a black ice slip and fall accident may include:
- A commercial property owner
- Business owners who rent space from the property owner
- A company hired to provide snow and ice removal services or maintain the property
- Snow plow companies
- Landlords of residential properties or buildings (private homeowners generally do not have a duty to promptly remove snow and ice)
Fighting to Get Fair Compensation for Black Ice Accident Victims Across New Jersey
The experienced injury lawyers at The Epstein Law Firm, P.A. work tirelessly to get fair compensation for your injuries. The property owner may be responsible for providing a compensation award that covers the costs of:
- Your medical expenses
- Future medical care, including physical therapy and rehab
- Lost wages
- Lost future earning potential
- Pain and suffering
- Any out-of-pocket costs related to your injury
Contact The Epstein Law Firm, P.A. for a Free Case Review Today
There is no fee unless we win financial compensation in your case—and your first consultation is free. Call us today or fill out this online contact form to speak with an experienced lawyer about your black ice accident.
Frequently Asked Questions About Black Ice Accidents
It is always wise to consult with a lawyer. The property owner will certainly consult with a lawyer retained to protect the owner’s interests. It’s also important to remember that you are really dealing with the property owner’s insurance company. The insurance company is always motivated to reduce your compensation award. Our lawyers are here to even the playing field and fight for fair compensation.
The courts use a facts and circumstances analysis to decide whether the owner should be held responsible for black ice even during a storm. Facts to consider include the nature of the storm, how long the condition existed, whether customers and visitors were expected and whether it would have been reasonable to do something about the icy conditions. Courts will never expect a property owner to completely eliminate all weather-related risks. When a property owner could have substantially reduced the risk of injury by doing something as simple as placing warning cones, however, you may be entitled to compensation for their failure to act.