When snow and ice are not properly removed, a dangerous condition can cause a serious slip-and-fall accident, resulting in broken bones, head injuries, or permanent disability.
So far, 2026 is having a record-setting winter season, with the number of winter slip-and-fall injuries increasing across all 21 New Jersey counties. With nearly one million people living and working in dense communities, including Teaneck, Hackensack, Englewood, Bergenfield, Ridgefield Park, Fort Lee, and Paramus, sidewalks, apartment complexes, parking lots, and building entrances see constant foot traffic throughout the colder months. For those injured due to unsafe property conditions, understanding New Jersey premises liability law and knowing when to consult a New Jersey slip and fall lawyer is critical.
Winter Slip-and-Fall Risks in New Jersey State
Snow and ice accumulation are one of the leading causes of winter injuries in New Jersey. Emergency rooms across the state see a noticeable increase in slip-and-fall accidents during colder months, especially after storms or periods of refreezing.
Slip and fall risk factors are higher in urban and suburban areas of NJ, such as:
- Apartment complexes and multi-family housing
- Shopping centers and grocery store parking lots
- Office buildings and medical facilities
- Train stations, bus stops, and pedestrian walkways
In Bergen County towns like Teaneck and Hackensack, where walkability is high and public areas are heavily used, a failure to prepare for and address winter hazards significantly increases the chance of someone suffering a serious injury.
Duty of Care Under New Jersey Premises Liability Law
Under New Jersey premises liability law, property owners, landlords, and property managers have a legal duty to maintain their premises in a reasonably safe condition for tenants, customers, and lawful visitors. This duty applies year-round, but cold winter weather, especially in New Jersey, can add more responsibilities to these rules.
Commercial Property Owners
Commercial property owners, including apartment buildings, retail stores, office parks, and other properties, are required to take reasonable steps to:
- Remove snow and ice from walkways and entrances
- Apply salt or ice-melt to prevent refreezing
- Inspect and maintain high-traffic areas
- Repair hazards such as broken pavement, loose handrails, or inadequate lighting
A Commercial property owner’s duty of care can also often extend to sidewalks adjacent to the property when they are used by tenants or customers for access.
Residential Property Owners
Private homeowners generally have less responsibility when it comes to public spaces or sidewalks, unless they:
- Create or worsen a dangerous condition
- Are subject to local municipal snow-removal ordinances
New Jersey’s “Ongoing Storm Rule”
In 2021, the New Jersey Supreme Court adopted the “ongoing storm rule” in the Pareja v. Princeton International Properties case. This rule clarified that commercial owners generally do not have a duty to remove snow and ice from walkways while snow (or weather) is actively occurring. Instead, their duty to maintain the property begins within a reasonable period of time after the storm ends.
However, property owners may still be liable if they:
- Create a dangerous condition (such as piling snow that later refreezes into black ice)
- Ignore a pre-existing hazard that existed before the storm
Determining Liability in a Bergen County Slip-and-Fall Case
Northern New Jersey has experienced many cold winters, making it common for commercial property owners, such as apartment complexes and commercial centers, to share the responsibility for winter maintenance tasks like plowing parking lots. When a slip and fall accident happens, and winter maintenance is shared, multiple parties could be responsible for contributing to the negligence that caused the accident. Depending on the facts, liability may rest with:
- The landlord or property owner
- A property management company
- A snow and ice removal contractor
- A commercial tenant responsible for maintenance under a lease
An experienced NJ premises liability attorney will conduct an investigation to secure lease agreements, maintenance records, weather data, and local ordinances to determine who was legally responsible for the negligence caused.
What Is Considered Negligent Winter Property Maintenance in New Jersey?
Common examples of negligent winter property maintenance in all North, Central, and South New Jersey counties include:
- Failing to shovel or plow within a reasonable time
- Not salting known refreezing areas
- Allowing melting snow to create black ice
- Ignoring tenant complaints about icy conditions
- Leaving broken steps, uneven pavement, or poor lighting unaddressed
- Violating municipal snow-removal ordinances
When these failures lead to injuries, the property owner or manager may be held legally responsible for not following New Jersey’s premises liability laws. An experienced New Jersey premises liability lawyer will investigate all conditions and parties involved to pursue the full compensation available on behalf of the injured party.
Protecting Your Rights After a NJ Slip-and-Fall
Slip-and-fall injuries can range from small cuts and bruising to permanently disabling injuries, including:
- Broken hips, wrists, ankles, and legs
- Traumatic brain injuries (TBIs) and concussions
- Spinal cord and back injuries
- Knee, leg, and other injuries to extremities
- Torn ligaments and soft-tissue damage
- Long-term pain, mobility issues, and loss of independence
These injuries, when more severe, often require surgery, physical therapy, and time away from work, causing loss of income, adding tremendous stress to an already uncomfortable situation.
It is also important to understand that New Jersey slip and fall claims are subject to strict legal deadlines, including:
- A two-year statute of limitations for most personal injury claims under New Jersey law, N.J.S.A. 2A:14-2.
- A 90-day Notice of Claim requirement under the New Jersey Tort Claims Act for cases involving a public entity. This applies if the fall occurred on property owned or operated by a government body, such as a city, county, or the State of New Jersey. Examples include municipal buildings, public sidewalks and parking lots, Boards of Education, public universities (including Rutgers University, The College of New Jersey, and William Paterson University), NJ Transit property, the Port Authority of New York and New Jersey, and Newark Liberty International Airport.
An experienced New Jersey slip and fall attorney will investigate, identify all responsible parties, build a case to maximize compensation, and help their clients focus on recovery after suffering someone else’s negligence.
Trusted Bergen County Slip-and-Fall Lawyers at Davis, Saperstein & Salomon, P.C.
For over 40 years, Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, has represented injured clients throughout Bergen County and across New Jersey. The firm has recovered over $1 billion in verdicts and settlements for more than 40,000 clients and families.
The firm’s New Jersey slip and fall lawyers have been handling cases involving unsafe sidewalks, apartment complexes, parking lots, and commercial properties throughout Teaneck, Hackensack, Englewood, Bergenfield, Ridgefield Park, Fort Lee, and Paramus for over four decades. Their impressive results reflect the firm’s reputation and commitment to holding negligent property owners accountable and securing justice for clients who were injured due to negligence.
NJ Slip-and-Fall Contact Davis, Saperstein & Salomon, P.C.’s Lawyers for Help
If you were injured due to snow or ice on unsafe property in north, central, south, or any of New Jersey’s 21 counties, the NJ premises liability lawyers at Davis, Saperstein & Salomon, P.C. are here to guide you through the process, protect your rights, and fight for the compensation you deserve. Call us today or visit our New Jersey slip-and-fall lawyer page to schedule a free consultation.
Clients seeking experienced personal injury lawyers near Teaneck, Newark, Colonia, Pennington, Jersey City, Hackensack, Princeton, Bergen County, Morris County, Passaic County, Essex County, Union County, or anywhere in the New Jersey or New York City area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com.
Our firm offers free, confidential, and no-obligation consultations or second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case. Contact us today to get started.
