The ice left over from a winter storm can be extremely dangerous. A landlord or property manager is responsible for keeping the premises free of dangerous conditions, and ice is no exception.
While property owners are not responsible for causing the icy conditions that lead to a slip and fall, they are responsible for taking reasonable precautions to remediate the danger. Individuals who suffer an injury in a common area where they live may have a cause of action against a landlord or property manager.
Failing to clear ice may be negligent
Keeping up with winter weather can be difficult, but landlords must take effective steps to address dangerous conditions as soon as they know or have reason to know of their presence. Failing to address slick stairs and walkways within a reasonable time after ice forms is a strong indication that a landlord was negligent.
Landlords must clear ice only in areas that they have a duty to maintain
A landlord’s obligation to keep a property safe from icy conditions applies only to areas where a landlord has both access and control. In 2020, a ruling by the Supreme Court of New Jersey established that a landlord did not have a duty to clear ice from an area that the tenant was responsible for maintaining.
Ultimately, a slip and fall on ice may not be merely the fault of mother nature. A personal injury lawyer can help you evaluate whether a slip and fall on ice was the result of negligence.