Determining Liability in a Winter Slip and Fall Accident
Posted on behalf of Lynch Law Firm on December 15, 2016 in Personal Injury News
Winter means snow and ice – and in some unfortunate cases, slip and fall accidents. Slip and fall accidents occur in higher numbers during the winter months, but it can sometimes be difficult to determine liability in these types of cases.
If you slip and fall this winter and suffer an injury, the New Jersey slip and fall attorneys at Lynch Law Firm will help you determine if you are entitled to compensation through a free case review.
New Jersey premises liability law states that property owners and property managers have a legal obligation to keep their properties safe by adhering to reasonable standards of care to reduce the risk of a slip and fall accident on their property.
If a person is injured on the property due to a preventable hazardous condition, the property owner can be considered negligent and be held liable for damages. This can include a failure to remove snow and ice from walkways and parking lots.
In some cases, multiple parties may be held liable for slip and fall accident injuries. Location matters when determining liability in slip and fall accidents.
- Single family homeowners are not required to warn others of dangerous conditions, or remove accumulating snow and ice. In most cases, residential property owners are not liable for slip and fall injuries resulting from natural ice and snow. However, if the homeowner makes conditions worse and increases the risk of a fall, they may be held liable.
- Commercial property owners and managers are legally required to take measures to prevent accidental injuries. Commercial properties include hotels, apartments, businesses and stores. Property owners are required to post warnings of hazardous conditions and to remove hazards including snow and ice. This also includes warning of slippery floors from snow tracked into a building. If they fail to do so, they may be held liable for resulting injuries.
- If commercial property owners hire outside contractors to clear snow and ice, but the job was done poorly, the snow and ice removal company may also be found liable for resulting injuries.
- The party renting a commercial property may also be found liable for a slip and fall accident, sharing responsibility with the property’s owner.