Who’s Responsible for Clearing Snow and Ice on Sidewalks in New Jersey?

Winter in New Jersey can be a beautiful sight, but with snow and ice comes the potential for dangerous slip and fall accidents. Whether you’re walking to work, taking your dog out, or simply enjoying being outside in the snow, a slip on an icy sidewalk can lead to serious injuries. If you’ve been hurt from a fall on ice or snow on a residential or commercial sidewalk, it’s important to know who’s responsible and whether you can pursue a legal claim against them. 

New Jersey Laws on Keeping Sidewalks and Walkways Clear 

Under New Jersey law, property owners generally have a legal duty to ensure that their sidewalks are safe and clear of hazards, including snow and ice. However, the specific responsibility varies depending on whether the property is residential, commercial, or part of an apartment complex. 

In New Jersey, municipal ordinances often require property owners to clear snow and ice from their sidewalks within a certain time frame after a storm ends, typically within 24 to 48 hours. Failure to do so may result in fines from the city. But more importantly, if a pedestrian slips and falls on an icy sidewalk, the property owner may be held legally liable for the resulting injuries. 

Who Has to Clear Sidewalks in Front of Homes? 

Generally, residential property owners are legally required to clear snow and ice from the sidewalks in front of their homes, even if the property is not used for commercial purposes. In most cases, New Jersey courts have ruled that homeowners can be liable for injuries resulting from a slip and fall on sidewalks adjacent to their property. Local ordinances generally impose an obligation to clear snow, so it’s important to check specific municipal laws. Failing to shovel a sidewalk could still result in fines or penalties under local ordinances, and the property owners could be found liable if an injury occurs if they did not clear their pathway in a reasonable amount of time. 

Who Has to Clear Sidewalks in Front of Businesses? 

For commercial property owners, the situation is very different. New Jersey law imposes a higher duty of care on businesses to ensure that sidewalks adjacent to their property are clear of snow and ice. If a business owner fails to clear their sidewalk or does so inadequately, they could be held liable if someone slips and falls. This is because businesses benefit financially from pedestrian traffic and should therefore take steps to ensure the safety of their customers and other passersby. Commercial property owners must take reasonable steps to keep their sidewalks safe, which includes clearing snow and ice promptly. 

Who Has to Clear Sidewalks in Front of Apartment Buildings? 

The responsibility for clearing sidewalks in front of apartment buildings typically falls on the property management company or landlord. Under New Jersey law, landlords are generally required to maintain common areas, which include sidewalks adjacent to their properties. If a tenant or visitor is injured due to snow or ice on the sidewalk, the property owner or management company could be held liable for failing to maintain safe conditions. 

In cases where the lease agreement specifies that tenants are responsible for snow removal, it may shift some liability. However, it’s common for courts to hold landlords accountable, especially in cases involving large multi-unit apartment buildings. 

Who Can I Sue If I Am Injured by Falling on an Uncleared or Dangerous Sidewalk? 

If you slip and fall on an icy sidewalk in New Jersey, determining who can be held liable for your injuries depends on several factors, including the type of property where the fall occurred and whether the property owner was negligent in clearing the snow. Depending on the situation, you may be able to sue: 

• Residential Property Owners: in certain cases, homeowners can be liable for injuries resulting from falls on icy sidewalks if they created the hazard. Most local ordinances require snow removal. 
• Commercial Property Owners: businesses are typically held to a higher standard and can be sued if they fail to maintain clear sidewalks, especially if it can be proven that they were negligent in removing snow and ice. 
• Landlords or Property Managers of Apartment Complexes: if you fall on the sidewalk outside an apartment building, the property owner or management company could be liable if they failed to properly clear snow and ice. 
• Municipalities: in some cases, the city or town may be responsible for maintaining sidewalks. However, suing a municipality can be challenging due to governmental immunity protections. 

Take Action If You’ve Been Injured 

If you or a loved one has been injured due to a fall on an uncleared or icy sidewalk, you may have the right to seek compensation for your injuries. At Eichen Crutchlow Zaslow, we fight for clients and their families. We’ve helped our clients secure more than a billion dollars in verdicts and settlements, and we will work with your family to get you the justice you deserve. Contact our experienced personal injury attorneys to discuss your case and understand your legal options. We’re here to help you pursue justice and secure the compensation you deserve.