Blizzard Hernando left a major impact on New Jersey with heavy snow, strong winds, and dangerous ice, but the risks don’t end when the snow stops falling. In many cases, the most serious injuries happen in the hours or days after a major winter storm, with snow piles limiting driver visibility, roofs and tree branches weighed down with heavy snow, and parking lots and sidewalks that are dangerously icy, as just some examples of hazards left behind by major New Jersey winter storms.
Across Bergen County, Essex County, Passaic County, Hudson County, and all North, Central, and South New Jersey counties, as well as in New York, property and business owners, employers, as well as everyday drivers all have legal responsibilities after winter storms. When they fail to take reasonable steps to manage dangerous winter conditions, serious, sometimes even life-changing injuries are the result.
If you or a loved one has been injured due to someone else’s negligence in the aftermath of winter weather or Blizzard Hernando, whether from a slip and fall, falling ice, unsafe property conditions, negligent driving, or a snow-related workplace injury, do not wait to get help.
The Partners and associates of Davis, Saperstein & Salomon, P.C., have decades of experience helping people who have suffered serious injuries from motor vehicle and other accidents caused by dangerous weather and slip and falls on poorly maintained ice and snow. Part of the reason why they have a proves successful track record is because they often hire expert witnesses such as architects, engineers, and experts regarding the operations of shopping malls, apartment buildings, and other commercial and public properties to strengthen their client’s case and secure them the maximum compensation available for suffering others negligence.
Given the dangers and risks, New Jersey law requires property owners and businesses to take reasonable steps to address any known hazards once they have had an opportunity to do so.
Slip and Fall Accidents on Snow and Ice
Slip and fall accidents are the most common New Jersey winter injury claims, so New Jersey law specifically addresses slip-and-fall claims with clear winter maintenance rules and procedures that property owners must follow after a storm.
Property Owners Have a Duty to Act
Under NJ law, commercial property owners are required to maintain reasonably safe property or premises. When a public property fails to take these steps within a reasonable time, and someone is injured, the injured person may have the right to file a New Jersey premises liability claim.
After a storm, commercial property maintenance typically includes:
- Shoveling or plowing snow
- Applying salt or ice melt
- Clearing entrances and walkways
- Monitoring for refreezing conditions
- Addressing icy parking lots and stairways
Residential property owners own their property, so liability for negligence depends more on the specific situation. However, landlords and multi-family property owners are still responsible for maintaining common areas, such as sidewalks, steps, and parking lots, for residents.
What Is a “Reasonable Time” After a New Jersey Winter Storm?
New Jersey law allows property owners a reasonable time after the weather has stopped to clear snow and ice. What is reasonable depends on the severity of the storm, how much time has passed, and if any effort was made to fix or maintain the property’s condition. If a commercial property owner does nothing for an extended period after a blizzard, it could be considered negligence under NJ law.
Snow Shoveling Injuries and Workers’ Compensation Claims
An often overlooked winter risk comes from snow shoveling. After a blizzard with heavy snow, all types of removal, like shoveling, become extremely demanding and dangerous work due to the amount of physical strain lifting heavy snow puts on the body, more specifically, the heart which could trigger a cardiac event.
It is especially critical to know that when employees, such as maintenance workers, custodians, municipal workers, delivery drivers, or construction workers, are required to shovel snow as part of their job and suffer a heart attack, back injury, or other serious medical event, they may be entitled to workers’ compensation benefits.
If injured while removing snow on the job, a New Jersey workers’ compensation claim helps to recover losses and damages for suffering injuries while working, including compensation for:
- Medical treatment
- Temporary disability benefits
- Permanent disability compensation
- Wrongful death claims in extreme cases
In some situations, there can also be a separate liability claim against a third party, such as a property owner or contractor who contributed to the negligence. It is even more critical that if a worker suffers a heart problem or serious injury while on a snow removal or related job, they speak with an experienced New Jersey personal injury and workers’ compensation attorney as soon as possible to start building their claim.
Falling Ice and Snow from Roofs
Falling ice, especially when temperatures start to rise, and large, heavy icicles and sheets of roof ice break loose without warning, is a major concern after winter weather in New Jersey. Pedestrians walking on sidewalks, into stores, apartment buildings, offices, train or bus stations are much more vulnerable to being hit by falling ice or snow if not maintained. Property owners are expected to address any dangerous roof conditions when ice or snow overhangs walkways or entrances to protect people’s safety. If they fail to do so and someone is injured, they may be held legally responsible.
Negligent Snow Removal and Unsafe Maintenance
It’s also common for negligent snow management or removal to create hazards, for example piling snow in areas that block drivers’ visibility, leaving uneven or only partially cleared walkways, and failing to properly salt public spaces in freezing temperatures, among many others.
Snow removal contractors may also share responsibility if their work is careless, which often requires investigation of maintenance records, weather timelines, and inspection practices to determine whether reasonable steps were taken to prevent danger.
Motor Vehicle Accidents After a Blizzard
Even after roads are plowed and snow has stopped falling, winter driving is very dangerous. Drivers who don’t clear snow from their vehicles, fail to slow down, or adjust to hazardous road conditions can cause serious crashes. Under N.J.S.A. 39:4-77.1, drivers must make reasonable efforts to remove snow and ice before driving, including off of the roof, windshield, windows, hood, trunk, and lights. This is an even greater risk on New Jersey highways such as I-80 or the
Garden State Parkway, where vehicles drive at faster speeds and snow and ice can easily break loose and hit other cars. Under New Jersey law N.J.S.A. 39:4-98, drivers are also required to drive safely based on current weather and road conditions. These laws make it especially clear that hazardous winter conditions do not excuse careless, reckless, or negligent driving, because a single mistake on icy or snow-covered NJ roads can have life-changing consequences.
Other Common Winter Negligence Claims
Many other claims are common following a major blizzard, including:
- Commercial vehicle or delivery drivers injured on private property
- Tenants slipping on icy apartment complex premises, such as parking lots
- Shoppers falling at store entrances
- Pedestrians injured due to blocked sightlines from snow piles
- Injuries caused by collapsed roofs, awnings, or poorly maintained structures
Protecting Rights After a Winter Injury
Evidence in winter cases disappears quickly. Snow melts, ice clears, and conditions can change within hours, so if injured after a blizzard, it is critical to first:
- Seek medical attention immediately.
- Report the incident to the property owner, manager, or employer.
- Take photographs of the condition if possible.
- Obtain witness names and contact information.
- Do not give any recorded statements or take any settlement offers from insurance companies before speaking with an experienced New Jersey injury attorney. An experienced New Jersey injury lawyer will evaluate whether winter safety laws were ignored, investigate all parties’ involvement, and build a strong case to recover both economic and non-economic losses suffered due to someone else’s negligent actions.
Experience Wins New Jersey Winter Injury Cases
Winter storm injury claims are complex, often needing a strong understanding of New Jersey premises liability law, workers’ compensation rules, and negligence standards. Contacting a respected NJ injury attorney to investigate claims, preserve weather data, maintenance practices, and work with experts when necessary, makes a significant difference in the settlement awarded in a case.
The New Jersey personal injury lawyers at Davis, Saperstein & Salomon, P.C., have more than 40 years of proven success representing injury victims throughout New Jersey and New York. Their intelligence, experience, and compassion have secured over $1 billion in verdicts and settlements for more than 40,000 NJ and NY clients and families.
Call Davis, Saperstein & Salomon, P.C. Today
Understanding what rights are available under New Jersey law after a major storm or blizzard can be critical. Speaking with an experienced NJ personal injury attorney after being injured or suffering from winter negligence will help clients recover the maximum compensation available and get back on their feet as quickly as possible.
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, no-obligation, consultations and 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.
