Slipping and falling on snow or ice is one of the most common winter accidents in New Jersey. A fall like this can lead to serious injuries like broken bones, concussions, spinal damage, and more. If you have been hurt after a fall, you may be wondering whether you can hold the property owner legally responsible. To learn about your right to sue for injuries caused by snow and ice, continue reading and work with a skilled Bergen County slip & fall lawyer today.
Can I Sue for Injuries Caused by Snow and Ice in NJ?
You may be able to sue for injuries caused by falling on snow and ice in New Jersey, depending on the circumstances of the situation. Under NJ premises liability law, property owners have a duty to maintain safe conditions for visitors. This includes conducting regular inspections and maintenance of the property, taking action in a timely manner to rectify issues, and warning guests of hazards that cannot be fixed right away.
For both residential and commercial property owners and occupants, the duties required under premises liability law include clearing snow and ice within a reasonable time. If the property owner knew or should have known about the dangerous condition that the snow or ice had caused and failed to fix it, they can be held liable if anyone falls and becomes injured as a result. The key concept in this case is whether or not the property owner was negligent.
How Can I Prove Negligence?
Negligence is the failure to exercise reasonable care in a way that a reasonable person would under similar circumstances. For example, in New Jersey, property owners are required to remove snow and ice from their property and sidewalks directly bordering the premises. Because it is required by law, a reasonable person would comply and shovel or remove snow and ice in a timely manner. If the property owner failed to do so, you can demonstrate that they were negligent.
The four elements of negligence that must be proven include:
- The property owner owed you a duty of care
- The property owner breached the duty of care
- The breach of duty caused or contributed to your accident and injury
- You sustained actual damages and losses as a result
If you can provide evidence demonstrating the above elements, you may be able to hold the property owner liable for your injuries and damages.
Can I Recover Compensation if I was Partially At Fault?
New Jersey follows a modified comparative negligence rule, as outlined in N.J.S.A. 2A:15-5.1. Under this law, multiple parties in a situation can be found negligent, and each will be assigned a portion of the responsibility.
You can recover damages even if you are found partly responsible for the accident and your injuries. However, your negligence cannot be greater than that of the other party you are seeking compensation from. As long as you are less than 51% at fault, you can still receive compensation for your damages, at a rate reduced by the amount you are found liable.
For more information, reach out to a skilled personal injury attorney today.
