A single unshoveled walkway can turn an ordinary errand into a serious injury. When snow melts and refreezes into black ice, or when a property owner piles snow where people are meant to walk, a fall can lead to broken bones, torn ligaments, or a head injury that changes how you move through the rest of your winter and beyond.
Jae Lee Law helps people hurt in snow and ice slip and fall accidents across Bergen County, and our attorneys know how these cases are won or lost in the days right after a fall. If a property owner failed to clear, salt, or otherwise maintain a safe walkway and you were hurt as a result, our Bergen County premises liability team can evaluate what happened and help you pursue the compensation the law allows.
⚠ Time-Sensitive — New Jersey’s 2-Year Filing Deadline Applies to Snow and Ice Claims
Hurt in a snow or ice fall in Bergen County? New Jersey’s 2-year statute of limitations begins from the date of the fall. Missing this deadline ends your right to compensation.
Bergen County snow and ice injury representation. No fees unless we recover compensation for you. Free initial consultation.
What Counts as Negligence After a Snowstorm
New Jersey premises liability law expects property owners to clear snow and ice within a reasonable time after a storm. Simply shoveling once is not always enough. If the job is done poorly, leftover snow can melt during the day and refreeze overnight into black ice, which is often harder to see and more dangerous than the original snowfall.
Because of this pattern, many of the worst snow and ice injuries happen a day or two after a storm rather than during it. A property owner who shovels but ignores runoff, piles snow where pedestrians walk, or skips salt and sand on a known icy patch may still be considered negligent under New Jersey law.
Signs of Negligent Snow and Ice Maintenance
Our attorneys look for specific signs that a property owner fell short of their duty of care, including:
- Failure to clear snow or ice from walkways, steps, or entryways within a reasonable time
- Failure to apply salt or sand after shoveling a walkway
- Piling snow in a way that creates a new hazard or blocks safe passage
- Allowing melted snow to pool and refreeze in doorways or entryways
- Ignoring a known icy patch that other people had already slipped on
Documenting which of these applied to your fall is often the difference between a denied claim and a successful one.
Are Homeowners Liable for Snow and Ice Injuries in New Jersey?
New Jersey draws a sharp legal line between commercial and residential property when it comes to snow and ice. In Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981), the New Jersey Supreme Court held that commercial property owners have a duty to maintain the public sidewalks abutting their property in a reasonably safe condition. In Mirza v. Filmore Corp., 92 N.J. 390 (1983), the Court extended that duty to include the removal or reduction of snow and ice hazards specifically.
Key Case Law
Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981) — established the commercial sidewalk duty. Mirza v. Filmore Corp., 92 N.J. 390 (1983) — extended that duty to snow and ice removal specifically.
Owners of single-family, owner-occupied homes generally do not carry that same legal duty to clear public sidewalks of naturally accumulated snow and ice. A homeowner may still face liability if their own actions make the condition worse, such as shoveling in a way that creates a new hazard or piling snow where it will refreeze into a dangerous patch. Multi-family properties that generate rental income, including two- and three-family homes with tenants, are typically treated as commercial property for this purpose, even when the owner also lives there.
| Property Type | Duty to Clear Snow and Ice |
|---|---|
| Single-Family, Owner-Occupied Home | Generally no duty to clear the public sidewalk of naturally accumulated snow or ice, unless the owner’s own actions create or worsen the hazard. |
| Commercial Property | Duty to maintain the abutting sidewalk in a reasonably safe condition, including snow and ice removal. |
| Multi-Family Rental Property (2+ Units) | Treated the same as commercial property for this duty, even if the owner also lives on site. |
Because this distinction can determine whether a claim exists at all, identifying the correct property type early in a case matters. Our attorneys review property records, rental history, and municipal ordinances to determine which standard applies to your fall.
Where Snow and Ice Falls Commonly Happen in Bergen County
Snow and ice liability applies to more than sidewalks. Our attorneys handle claims involving parking lots and garages where plowing leaves uneven ice ridges, apartment walkways and stairwells where landlords delay clearing shared areas, and retail or office entryways where melted snow refreezes into black ice. Responsibility can also be split between multiple parties on Hudson County and Passaic County properties where a municipality maintains part of the walkway.
Accessible Parking Has Its Own 24-Hour Deadline
New Jersey’s Snow Removal Law, N.J.S.A. 39:4-207.9, requires owners and operators of parking areas open to the public to clear snow and ice from accessible parking spaces, access aisles, and curb cuts. The New Jersey Department of Human Services confirms that this law was amended to require clearing within 24 hours of the weather event ending, down from the original 48-hour window, with fines of $500 to $1,000 per obstructed space for violations.
If a property failed to clear an accessible space in time and a disabled visitor was hurt as a result, that missed deadline can serve as strong evidence of negligence in a resulting injury claim.
Who Can File a Snow and Ice Injury Claim
Anyone lawfully on a property when they fell on unaddressed snow or ice, whether a customer, tenant, delivery worker, or visitor, may be able to bring a claim against the property owner or the company responsible for maintenance. If a fall proves fatal, surviving family members may bring a wrongful death claim in addition to any claim on behalf of the estate.
How Shared Fault Affects Your Snow and Ice Claim
An insurer may argue that you contributed to your own fall, for example by wearing unsuitable footwear or by walking around a visible hazard rather than avoiding it. New Jersey’s Comparative Negligence Act, N.J.S.A. 2A:15-5.1, allows you to recover compensation as long as your share of fault is 50 percent or less. If a jury finds you 51 percent or more at fault, you are barred from recovering anything.
When you are found partially at fault, your award is reduced by that percentage. For example, a $100,000 award reduced by 20 percent fault results in an $80,000 recovery. Insurance adjusters frequently push to assign fault to the injured person specifically to reduce or eliminate what they owe, which is one reason documenting the condition of the walkway right after a fall matters so much.
Building Your Case After a Snow and Ice Fall
Because black ice and melted snow can look identical to a clear walkway, timing and documentation matter. Our attorneys move quickly to capture photos of the unsafe condition, identify witnesses who saw the fall or slipped in the same area, and pull weather records showing when the storm ended and how much time the property owner had to respond. We also request maintenance logs and snow removal contracts where they exist, because these records often show whether a property followed its own stated schedule.
Compensation Available in Snow and Ice Injury Cases
| Type of Compensation | What It Covers |
|---|---|
| Medical Expenses | Emergency care, imaging, surgery, and physical therapy for fractures, sprains, and head injuries from the fall. |
| Lost Wages and Earning Capacity | Income missed during recovery and any reduced ability to work if the injury has lasting effects. |
| Pain and Suffering | The physical pain and disruption to daily life that follow a serious slip and fall injury. |
| Future Care Costs | Ongoing treatment, rehabilitation, or assistive care where the injury requires long-term recovery. |
| Wrongful Death Damages | Where a fall proves fatal, funeral costs, lost financial support, and loss of companionship to surviving family. |
Every case is different and is evaluated on its own facts. The categories above describe what may be recoverable, not a promise of any specific amount.
Does Insurance Cover Snow and Ice Injury Claims?
Most snow and ice injury claims are paid through the property owner’s homeowners or commercial general liability insurance policy rather than out of the owner’s own pocket. Commercial properties in New Jersey are generally required to carry liability coverage that responds to slip and fall claims, and most homeowner’s policies include similar coverage for injuries that occur on the property.
This means pursuing a claim against a property owner is typically a claim against their insurance carrier, not a demand against their personal savings. Insurance companies still investigate and dispute these claims closely, questioning how long a hazard existed or arguing the injured person shares fault, so having legal representation from the outset helps level the playing field.
Statute of Limitations for Snow and Ice Injury Claims in New Jersey
New Jersey’s statute of limitations for personal injury claims, including snow and ice slip and fall cases, is two years from the date of the fall under N.J.S.A. 2A:14-2(a). For wrongful death claims, surviving family members have two years from the date of death under N.J.S.A. 2A:31-3. Once either deadline passes, you permanently lose the right to pursue compensation through a lawsuit, regardless of how clear the property owner’s negligence was.
Claims against a public entity, such as a municipality responsible for a sidewalk or public walkway, can carry a much shorter notice deadline than two years. Contacting our office soon after a fall gives us the best chance to identify every deadline that applies to your case.
Frequently Asked Questions About Snow and Ice Injury Claims in Bergen County
Jae Lee Law Fights for Bergen County Snow and Ice Injury Victims
Jae Lee Law has spent over 30 years helping people hurt in slip and fall and premises liability accidents throughout Bergen County, and Jae E. Lee holds New Jersey Supreme Court attorney certification held by only a small share of the state’s attorneys. We take every snow and ice case on a contingency fee basis, so you owe nothing unless we recover compensation for you, and we are prepared to take a case to trial if an insurer will not offer a fair settlement.
If you were hurt in a snow or ice slip and fall accident in Bergen County, reach out to our team to talk through what happened and find out what your next step should be.
