Union County Snow & Ice Accident Lawyers

Here in New Jersey, snow and ice are common occurrences during the winter months. That said, property owners are legally obligated to clear away these hazards within a reasonable timeframe to ensure that pedestrians don’t slip or trip and fall. Unfortunately, they do not always live up to this responsibility, and people are injured as a result. If you were hurt as a pedestrian in a snow and ice accident, please don’t hesitate to contact the skilled Union County slip and fall lawyers here at The Mark Law Firm for a free consultation today.

Liability of Owner (Occupant) Who Undertakes to Clear Sidewalk

The commercial owner (occupant) of a business premises is required to keep the parking lot and abutting sidewalk free from the natural accumulation of ice and snow. The commercial owner is liable for clearing the sidewalk of ice and snow, and if, through his negligence, he adds a new element of danger or hazard, other than that caused by the natural elements, to the use of the sidewalk by a pedestrian, the commercial owner becomes liable for your slip and fall injury.

Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation, and Other Dangerous Conditions in Abutting Sidewalks

The law imposes upon the owner of commercial or business property the duty to use reasonable care to ensure that sidewalks abutting the property are reasonably safe for members of the public who are using them.

In other words, the owner of commercial property must exercise reasonable care to ensure that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm.

What Does “Reasonable Care” Require?

The concept of reasonable care requires a commercial property owner to take action regarding dangerous conditions:

• Within a reasonable period of time after becoming aware of the condition, or
• When the owner should have become aware of the condition through reasonable care

If you find that:

• A condition of the sidewalk was dangerous, in that it created an unreasonable risk of harm for pedestrians, and
• The owner knew of the condition or should have known of it, but
• The owner failed to take reasonable action to correct or remedy the situation within a reasonable period of time

Then, the owner is negligent.

The question becomes whether the owner took the same action that a reasonably prudent commercial or business owner would have taken under similar circumstances.

What If the Property Owner Claims They Had No Notice?

In some cases, a property owner may argue that they had no notice or knowledge of the alleged dangerous condition and therefore should not be held responsible.

However, the law also imposes a duty on commercial property owners to inspect their property.

Specifically:

• The owner must make reasonable observations of their property, including the abutting sidewalk
• These observations must occur with the frequency that a reasonably prudent commercial property owner would use in similar circumstances

If a reasonable inspection would have revealed the dangerous condition alleged in the case, then the property owner is considered to have constructive notice of the condition.

This means:

• The owner may be held responsible even if they did not actually know about the condition
• The owner is treated as though they had actual knowledge of its existence

What Actions Must a Commercial Property Owner Take?

When a dangerous condition exists, the law requires the property owner to take the type of action that a reasonably prudent person would take in the same situation.

This may include:

• Correcting the defect
• Repairing the sidewalk
• Removing snow or ice accumulationAddressing other dangerous conditions
  Taking steps to minimize the danger
• , such as providing warnings to pedestrians

These actions must occur within a reasonable period of time after notice of the condition.

The Legal Test for Negligence

The key question is:

Did the commercial property owner take the action that a reasonably prudent person who knew or should have known of the condition would have taken in those circumstances?

• If the owner did take such action, they are not negligent.
• If the owner did not take such action, then the owner is negligent.

Contact Our Snow & Ice Accident Lawyers

If you’ve sustained a serious injury in a slip and fall accident due to snow or ice, the lawyers here at The Mark Law Firm stand ready to fight for the full and fair compensation to which you are entitled. Contact us today to schedule a free initial consultation with our firm.