Recovering Compensation After a Snow or Ice Accident in New Jersey

Reviewed by Daniel P. McNerney, Esq.

If you have been injured in a snow or ice accident on another person’s property, there is a very good chance you are now seeking financial compensation to help cover the cost of your medical bills, lost past and future wages, in-home care, and more. Though many people appreciate the natural beauty of a fresh snowfall, winters in New Jersey can be harsh, ultimately turning everyday surfaces into dangerous hazards. Please read on and reach out to our firm to learn more about the process going forward:

What are the most common contributors to snow and ice premises liability accidents?

When property owners fail to shovel or salt their walkways, allow their railings to remain icy, and fail to remove all hanging icicles in a timely fashion, people are very often injured as a result. While these accidents can occur on any slippery surface, you should be especially wary of sidewalks, parking lots, driveways, and stairs. After a weather event, property owners are legally bound to remove all hazardous conditions associated with that event within a certain period of time.

Who is legally responsible for a New Jersey snow and ice accident?

In New Jersey, property owners are responsible for keeping their properties maintained and safe. This applies across the board to private residences, retail stores, commercial businesses, and municipal properties, like post offices and police stations. However, it is important to know that property owners have a specific grace period after a rain or snowfall event by which they must clean their properties.

It’s critical to understand, however, that this window of time will vary from municipality to municipality, which is why discussing your circumstances with an attorney from our firm is in your best interest to determine if the property owner was in violation of local laws. If you slip and fall outside of this window, the owner may be held legally responsible for your accident. These time frames are strictly dictated by local municipal codes, which vary widely throughout the state regarding when a property owner’s liability triggers post-storm.

How are individuals injured when they are involved in a slip and fall accident?

Since these accidents generally happen suddenly, people have very little time to respond and protect themselves. Some of the most common injuries sustained in snow and ice accidents are head trauma, including concussions, back injuries, spinal injuries, broken bones, and lacerations.

How do I know if I qualify for financial compensation and fulfill the burden of proof?

To qualify for financial compensation, you will have to prove that you were injured due to another party’s negligence. However, fulfilling this burden of proof is not always easy, as insurance companies will often try to deny you the compensation you deserve by disproving your claim. This is why it is always best to hire an experienced attorney who knows the ins and outs of the personal injury claims process.

An attorney will fight to obtain security camera footage of the incident, pictures of the safety hazard that caused it, or police reports documenting exactly what happened. To strengthen your claim, you should take photos and videos of the hazardous conditions yourself right at the scene.

It’s also important to understand that you should seek medical attention as soon as possible following an injury, regardless of whether or not you feel okay. Doing so can provide official documentation that can help link your injuries to the incident. Establishing an immediate medical record is crucial to defending your claim against insurance arguments that your injuries resulted from a separate or subsequent event.

You should also gather the names and contact information of anyone who witnessed the accident, as they can provide statements to corroborate your version of events.

What is the statute of limitations for premises liability claims under New Jersey law?

Every state has a different statute of limitations when it comes to personal injury claims. Essentially, the statute of limitations is the amount of time you have after the date of your accident to file a lawsuit against another party. In New Jersey, the statute of limitations is two years. If you wait any longer than two years, you will most likely be denied the right to sue and lose your opportunity to recover compensation. The sooner you file, the better. Our firm is ready to get the claims process started and ensure you do not miss any critical deadlines. This strict statutory deadline is formally codified under N.J.S.A. 2A:14-2. Furthermore, if your injury occurred on government or public property, the New Jersey Tort Claims Act (N.J.S.A. 59:8-8) establishes a much shorter time frame in which a Notice of Claim must be filed with the appropriate agency. As such, if you sustain an injury on government property, you only have 90 days from the date of the incident to file a claim, which serves as a prerequisite to filing a lawsuit against the entity.

Contact our experienced New Jersey firm for a legal consultation

When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. Whether you require assistance walking through a criminal law matter, family law matter, or personal injury claim, you can turn to us. Please, do yourself a favor and do not wait. If you or a loved one was injured in an accident and is seeking financial compensation, contact the legal team at McNerney & McAuliffe today.