Winter weather in Burlington, New Jersey, can make business property unsafe. Snow and ice can build up on walkways, parking lots and entrances. Business owners may have a duty to take reasonable steps to keep these areas safe. New Jersey law also has specific rules for snow and ice that may affect a claim.
Reasonable care and property maintenance duties
Commercial property owners generally must take reasonable steps to address dangerous conditions on their property. This duty can apply to areas such as parking lots, entrances and walkways where snow and ice may accumulate.
New Jersey follows an ongoing-storm rule for snow and ice cases. A business usually does not have to clear snow or ice while the storm continues. Once the storm passes, the business may need to take reasonable steps to remove the hazard. Other facts may affect how the rule applies.
Proving notice of the dangerous condition
A slip-and-fall claim may depend on whether the business knew or should have known about the dangerous condition. Evidence can include photographs, surveillance footage, weather records, maintenance logs and witness statements.
For example, evidence that ice remained on a walkway for a reasonable period after a storm may help establish that the business had an opportunity to address the condition.
Understanding comparative negligence in New Jersey
New Jersey considers the fault of both the injured person and other responsible parties. Damages may be reduced by the injured person’s percentage of fault. A person generally can recover when their negligence is not greater than the negligence of the party or parties against whom recovery is sought.
Evidence may show whether the person noticed the hazard, had a reasonable opportunity to avoid it or acted reasonably under the circumstances.
What to do after a winter slip and fall
Snow and ice can melt or change quickly. Take photos of the area as soon as possible. Keep information about the weather and the location of the fall. Get contact information from witnesses when possible.
These steps can help preserve evidence about what happened. Liability depends on the facts of the case. The timing of the storm, the property condition and the business’s actions may all matter.