Winter in New Jersey can be beautiful — the snow-covered streets, the crisp air, and the quiet after a fresh snowfall. But it also brings one of the biggest dangers of the season: slip and fall accidents caused by snow and ice. Every year, countless New Jersey residents end up in the emergency room after slipping on an icy sidewalk, parking lot, or front step.
While some of these falls are unavoidable, many happen because property owners fail to take proper care of their premises. Understanding your rights after a winter slip and fall — and knowing how New Jersey law handles these cases — can make all the difference in getting fair compensation for your injuries.
The Hidden Dangers of Snow and Ice
After a snowstorm, the danger doesn’t end when the snow stops falling. Melting and refreezing cycles can create patches of black ice — thin, nearly invisible layers of ice that blend into the pavement. Even a small patch can cause someone to lose their footing instantly.
Common places where slip and falls occur during New Jersey winters include:
- Apartment and office building entrances
- Sidewalks and driveways
- Grocery store and mall parking lots
- Bus stops and transit stations
- Outdoor stairways and ramps
Many of these accidents could be prevented if property owners or tenants took timely action to clear snow and ice.
Who’s Responsible for Snow and Ice Removal?
In New Jersey, the responsibility for clearing snow and ice depends on who owns or controls the property.
For residential properties, homeowners generally have a duty to remove snow and ice from sidewalks that border their property within a reasonable time after the snowfall ends. Municipalities often have local ordinances that specify how soon sidewalks must be cleared — sometimes within 24 hours.
For commercial properties, such as stores, restaurants, and office buildings, the rules are stricter. Businesses are expected to keep parking lots, walkways, and entrances reasonably safe for customers and employees. That includes plowing, salting, and shoveling as needed.
If a fall occurs because a business failed to clear ice properly, or if the snow was piled in a way that caused water to refreeze in walking areas, the property owner or maintenance company can be held legally responsible.
The “Ongoing Storm” Rule
New Jersey recognizes something called the “ongoing storm” rule, which affects liability for winter slip and fall accidents. This rule says that a property owner isn’t necessarily required to remove snow or ice while a storm is still happening. In other words, if you slip during an active snowstorm, it may be difficult to hold the owner responsible.
However, once the snow stops, the owner has a reasonable amount of time to clean up. What counts as “reasonable” depends on factors like the amount of snowfall, the time of day, and the type of property. If the storm ended hours ago and no cleanup was done, that’s often a strong case for negligence.
What to Do After a Winter Slip and Fall
If you slip on snow or ice, your first priority should be safety and documentation. Here’s what to do:
- Seek medical attention — Even if you don’t think you’re seriously injured, falls on ice can cause concussions, fractures, or soft tissue damage that worsens over time.
- Take photos — Capture the exact area where you fell, showing ice buildup, footprints, or a lack of salt. Try to do this before the area is cleared.
- Get witness information — If anyone saw your fall, ask for their contact info.
- Report the incident — If it happened at a business or apartment complex, tell the manager or landlord right away and request a copy of their incident report.
- Keep your shoes and clothing — These can serve as evidence showing how the fall happened.
All of this information can be critical if you decide to pursue a claim later.
Proving Negligence in Snow and Ice Cases
To win a slip and fall claim in New Jersey, you must prove that the property owner was negligent — meaning they failed to act reasonably under the circumstances. Evidence that helps establish negligence includes:
- Lack of timely snow or ice removal
- Failure to apply salt or sand
- Poor drainage that caused refreezing
- Inadequate lighting hiding icy patches
- Ignoring past complaints or known hazards
Even if you were partially at fault (for example, wearing inappropriate shoes or not paying attention), you may still recover compensation under New Jersey’s comparative negligence rule. Your award may simply be reduced by your percentage of fault.
Common Winter Slip and Fall Injuries
Falls on ice are especially dangerous because they often happen suddenly, giving victims no time to brace themselves. Common injuries include:
- Broken wrists or ankles
- Hip fractures (especially among older adults)
- Back and spinal injuries
- Concussions or traumatic brain injuries
- Soft tissue damage and sprains
These injuries can lead to long recovery times, missed work, and expensive medical treatment — which is why pursuing compensation can be essential.
When to Call a Slip and Fall Attorney
If you’ve been injured in a winter slip and fall accident, speaking with an experienced attorney can help you understand your options. A lawyer can investigate the property’s maintenance history, review local snow removal ordinances, and determine whether the owner met their legal obligations.
For trusted help after a winter accident, contact The Law Offices of Anthony Carbone. With more than three decades of experience representing injury victims across New Jersey, Attorney Carbone knows how to hold negligent property owners accountable and fight for the compensation you deserve.
Final Thoughts
Snow and ice are part of New Jersey winters — but injuries from them don’t have to be. Property owners who take reasonable care can prevent most accidents. And for victims who are hurt because of someone else’s negligence, legal help is available.
Taking quick action after a fall and getting the right representation can make all the difference in protecting your health, your rights, and your financial recovery.
