Ask the Attorney: I had a slip and fall on an icy sidewalk and was injured - How do I find the Top Personal Injury Attorney to handle this case?
- Goldman Law Firm
- Dec 28, 2024
- 4 min read
Q: I slipped and fell on an icy sidewalk this winter and was injured - What should I do? -MP
It's that time of year... Property owners have a responsibility to maintain their property, including in the event of adverse weather conditions like snow and ice. When they fail to do so, they can be held liable for any injuries caused by their lack of maintenance.
Slip-and-fall accidents can cause financial distress from medical bills and lost wages from time missed at work. If you or a loved one has been injured in a slip-and-fall accident on so
meone else’s property, call the Ocean County & Monmouth County slip-and-fall accident lawyers of Goldman Law Firm today at 908-692-7745 for a free initial consultation.
Long History of New Jersey Sidewalk Law
The regulations governing sidewalk liability in New Jersey have evolved from 1981 to the present. The New Jersey Supreme Court has issued several rulings that differentiate between residential and commercial property owners. For thirty years, the courts have upheld the principle that residential property owners are not responsible for sidewalk injuries. The Supreme Court has consistently emphasized that residential property owners are distinct from commercial property owners, who can distribute the cost of losses suffered by an innocent third party. Commercial property owners are required to maintain the sidewalks adjacent to their property in reasonably good condition and are liable for pedestrian injuries caused by their negligent failure to do so.
Therefore, before determining if there is a duty to maintain a sidewalk, it is essential to identify whether the property is commercial or residential. The Supreme Court suggests using commonly accepted definitions of "commercial" and "residential" properties. For instance, an apartment building is deemed "commercial." The Supreme Court later extended the obligation to maintain public sidewalks next to commercial properties to include snow and ice removal. Several cases have attempted to differentiate between "commercial" and "residential" properties. The courts have used a classification method to resolve this distinction. The aim of creating the commercial property exception to the no liability rule was to impose liability on the party better positioned to bear the associated costs. Thus, when determining sidewalk liability, courts focus on whether the property is commercial or residential.
If a property is owned for investment or business purposes, it is classified as commercial. Therefore, a single-family residence is considered commercial if the owners do not occupy it but rent it to their adult daughter and do not plan to keep the property after the lease ends. A two-family property may also be classified as commercial if neither apartment is owner-occupied.
Questions arise when a property is owned by a religious, charitable, or other non-profit organization. In such cases, courts examine the nature of the property's use rather than the nature of its ownership. Recent decisions, when distinguishing between commercial and residential properties, focus on the property's use rather than its ownership. It becomes somewhat unclear when assessing whether certain non-owner and owner-occupied single and two-family structures are residential. It is evident that courts and attorneys continue to struggle with the commercial-residential distinction. However, one constant throughout the decisions is the acknowledgment that there is no clear-cut rule. The court balances relevant tort law considerations to determine if imposing a duty on landowners is reasonable and fair.
As one can see, the law in New Jersey is extremely complicated when attempting to analyze whether there is liability to the owner of a side walk when an innocent third party slips and falls on ice. Therefore, if you are injured, you should seek an experienced New Jersey Civil Trial Attorney will versed in Personal Injury Law.
Causes of Winter Slip and Falls
Winter weather often results in snow and ice, exacerbated by shorter daylight hours and decreased visibility. Both visitors and property owners are responsible for preventing slip-and-fall accidents. Nonetheless, if such an incident occurs because the property owner or manager failed to ensure safe conditions—such as by not de-icing steps or clearing snow from paths—the injured individual may have the right to pursue a premises liability claim to obtain compensation for medical costs, lost income, and other damages.
Injuries Suffered in Slip and Falls
Slip-and-fall incidents can lead to serious injuries, especially when they occur from a height or on a hard surface. Some of the most frequent injuries from slip-and-fall accidents are:
Back and Spinal Cord Injuries
Shoulder and Neck Injuries
Concussions and Traumatic Brain Injuries (TBIs)
Knee Injuries, such as torn ligaments
Broken Bones
Cuts and Abrasions
Sprains and Strains
If you have sustained one of these injuries or a different one due to a slip and fall on someone else's property, it is important to contact a personal injury attorney promptly. Slip-and-fall accidents might be the result of a property owner's negligence, but navigating the claims process can be complicated and frustrating without skilled legal assistance.
Hire the Top Personal Injury Attorneys for Slip and Falls on Ice in the Winter.
If someone caused your accident, they should help pay for your recovery. Contact us today to learn more about how we can help you get the compensation you deserve. Call or Text Us Today.
Comments