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Slip and Fall Accidents in New Jersey Winters: Who Is Liable for Icy Sidewalks?

• November 01, 2025
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Winter in New Jersey brings not only snow and picturesque landscapes — it also brings hazards: icy sidewalks, unseen patches of black ice, and slippery walkways. Unfortunately, a routine walk can quickly turn into a painful slip and fall accident. When that happens, one pressing question arises: who is responsible?

At Antonucci Law Firm, we help New Jersey residents injured in winter slips on ice understand their rights, identify liable parties, and pursue full compensation. In this article, we’ll explain:

• New Jersey’s legal framework on snow, ice, and premises liability

• Differences in liability between residential, commercial, and municipal properties

• Key defenses property owners raise, including the “ongoing storm” rule

• What an injured person must prove to recover

• Essential steps to protect your claim right after a fall

 

NJ’s Legal Landscape: Duties, Ordinances, and Precedents

No Statewide Mandate — Local Ordinances Matter

New Jersey does not have a statewide law that requires all property owners to remove snow and ice from sidewalks. Liability depends heavily on local municipal ordinances, which vary from town to town. Some municipalities require sidewalk clearing within certain hours after a storm ends; others may impose fines or define minimum widths to clear.

Failing to adhere to those local rules may lead to liability if someone is injured. But violation of an ordinance alone doesn’t automatically create liability — you must still show negligence under NJ premises-liability law.

Residential vs. Commercial Property Owners

Residential Sidewalks / Abutting Property Owners

Under traditional NJ case law, residential property owners are generally not liable for injuries caused by natural snow or ice accumulation on public sidewalks that abut their property. Courts hold that homeowners owe no common-law duty to clear natural accumulations — unless they undertook removal and did so negligently.

Therefore, if a homeowner does nothing and someone slips on naturally formed ice, they are usually not responsible. However, if the homeowner attempts to clear or treat the sidewalk and worsens the condition (e.g. creates a slick patch, leaves pile of snow, or inadvertently causes runoff that refreezes), liability may arise.

Also: some municipalities have local ordinances requiring homeowners to maintain sidewalks, even if the courts haven’t fully extended liability. In those cases, homeowners may be fined for violation, though that doesn’t necessarily translate into civil liability.

Commercial and Business Properties

Commercial property owners are held to a higher standard. If a business or owner has a sidewalk adjacent to their premises (or even a public sidewalk in front of their building), they often must make reasonable efforts to keep it safe — clearing snow, applying salt or deicing, monitoring conditions, and posting warnings where hazards remain.

In fact, in Padilla v. Young II (2024), NJ’s Supreme Court clarified that commercial property owners have liability not only for defects but also for maintaining sidewalk safety conditions adjacent to their property—even if technically part of the public sidewalk. This marks a shift in expectations for business owners in NJ.

Thus, a slip on ice outside a store, parking lot, or other commercial venue may allow a claim against the owner, lessee, or even a contracted snow-removal vendor, depending on who controlled maintenance.

Defenses and Complex Doctrines

Ongoing Storm Rule

If a storm is still active, property owners in NJ generally are not required to continuously remove snow or ice until after the storm ends. This is the ongoing storm exception. Courts have held that property owners are excused from clearing until safer conditions exist.

However, the exception isn’t absolute. If an owner makes matters worse during the storm (like plowing snow into the path, spreading salt ineffectively, or letting thaw/refreeze cycles exacerbate ice), liability may still be found.

Notice Requirements: Actual vs. Constructive

To recover, you must show that the owner had actual or constructive notice of the hazardous condition prior to the fall.

• Actual notice means the owner knew specifically about the ice or hazard.
• Constructive notice means the condition existed long enough that a reasonable property owner should have discovered and remedied it.

If the hazard was brand new (e.g. snow just fell and froze moments before your fall), establishing notice can be tough.

Comparative Negligence

New Jersey uses a modified comparative negligence system. Even if you bear some fault — e.g. wearing poor footwear, not paying attention, walking too fast — you may still recover damages, but your award will be reduced by your percentage of fault. If your fault exceeds 50%, you may be barred from recovery.

Immunity & Claims Against Municipalities

If the slip took place on a public sidewalk or government-owned property, your claim may lie against the municipality under the New Jersey Tort Claims Act. But this involves stricter rules: you must file a Notice of Claim within 90 days of the incident.

Municipalities also often raise defenses of sovereign immunity, lack of notice, or unreasonable burden of constant inspection. Winning against a city or township is more challenging.

What You Must Prove in a Winter Slip & Fall Case

To succeed, you need to establish:

1. Duty – The property owner had a legal obligation to maintain safe premises.

2. Breach – They failed to act reasonably (e.g. not clearing ice, failing to warn, negligent maintenance).

3. Causation – The breach directly caused your fall and injury.

4. Damages – You suffered harm (medical bills, lost wages, pain & suffering, etc.).

Because winter hazards change quickly, timely evidence preservation is critical: photos, weather reports, sidewalk conditions, maintenance logs, witness accounts.

Real-World Example (Hypothetical)

Jane walks along the sidewalk outside a retail store in January after a light snowfall. She slips on a patch of black ice and suffers a broken wrist. The retailer had the sidewalk abutting its entrance and had a known contract with a snow removal company. Footage from security cameras shows no salt or snow removal done before her fall. In that scenario:

• The store owner may be liable (higher duty)

• The snow removal contractor might share liability

• Jane’s damages (medical bills, missed work, pain) are compensable

Steps to Take Immediately After a Fall

1. Seek prompt medical care — even if injuries seem mild
2. Photograph the scene — icy patches, sidewalk edges, surroundings
3. Note weather conditions & local records — snowfall, temperature, times
4. Get witness info — names, contact details
5. Obtain municipal or property maintenance logs, if possible
6. Preserve clothing, shoes — they may be evidence
7. Notify property owners or managers
8. Avoid giving recorded statements to insurers
9. Contact an experienced NJ slip & fall attorney early to preserve evidence and protect your rights

Why a Specialized NJ Slip & Fall Attorney Matters

Winter slip and fall cases are complex, especially with defenses like the ongoing storm rule, municipal immunity, and nuanced local ordinances. At Antonucci Law Firm, we:

• Know local NJ precedent (e.g. Stewart v. 104 Wallace St. and recent Padilla developments)

• Understand commercial vs residential liability distinctions in NJ

• Are experienced in negotiating with insurers and taking on municipal defendants

• Ensure deadlines like the 90-day Notice of Claim or 2-year statute of limitations are honored

• Build robust cases with expert testimony, maintenance records, weather data, surveillance footage

• Fight for compensation covering medical treatment, lost income, pain & suffering, and long-term needs

 

Moving Forward After a Winter Slip and Fall

An icy sidewalk shouldn’t derail your life — but in New Jersey, these accidents can leave lasting physical, financial, and emotional consequences. Property owners have a duty to keep their walkways safe, and when they don’t, the burden shouldn’t fall on you.

Every case we take is built with precision — from investigating local ordinances and weather data to confronting insurance companies that try to downplay your injuries. With Certified Civil Trial Attorney Stacey Antonucci leading our team, we bring the trial experience and tenacity it takes to get real results.

Call Antonucci Law Firm today or contact us online for a free consultation.
We serve clients across Union County, Middlesex County, and throughout New Jersey, and you’ll never pay a fee unless we recover compensation for you.