Winter in New Jersey is no joke. One minute you're walking to your car, and the next – boom! – you’re flat on your back, staring at the sky, wondering how it happened. If you've ever taken an unexpected tumble on an icy sidewalk and suffered a serious injury, you might be wondering: Can I sue for this? The answer depends on several factors, but in many cases, legal action may be an option.
Who's Responsible for Keeping Sidewalks Safe in New Jersey?
In New Jersey, property owners – whether homeowners, business owners, or even the city – have a legal duty to keep sidewalks safe. That means clearing away snow and ice within a reasonable time, typically within 12 to 24 hours after snowfall ends, depending on local regulations. But the rules vary depending on the type of property:
- Businesses & Commercial Property Owners: Typically required to clear sidewalks and make them safe for pedestrians.
- Homeowners: While some towns require shoveling, homeowners may not always be held liable unless they create an additional hazard (like shoveling improperly or using excessive salt).
- Municipalities: If the city is responsible for sidewalk maintenance and fails to clear dangerous conditions, they may be liable – but suing a government entity involves strict notice deadlines and legal requirements.
If a property owner ignores their responsibility and someone gets hurt, they could be held legally accountable.
Who Can File a Lawsuit for a Winter Slip & Fall?
If you've slipped on an icy sidewalk and suffered serious injuries, you might have a case. Common plaintiffs include:
- Pedestrians who slipped on untreated sidewalks.
- Delivery drivers, postal workers, and service workers who face hazardous walkways.
- Older adults and individuals with mobility challenges who are especially vulnerable to serious injuries.
If your fall was caused by someone else’s negligence, you deserve to explore your legal options. In some cases, property owners’ insurance policies may cover injuries, making legal action a necessary step for compensation. Each case is unique, and consulting an attorney can help determine if negligence applies.
What to Do After a Slip & Fall on Ice
If you’ve been injured in a slip and fall accident, taking immediate action can strengthen your case. Here’s what you should prioritize:
- Get Medical Help: Even if you feel fine, internal injuries, fractures, or concussions may not be immediately apparent.
- Take Photos & Videos: Capture the icy sidewalk, lack of warning signs, and your injuries.
- Report the Accident: Let the property owner, store manager, or city official know about the incident.
- Collect Witness Info: If anyone saw you fall, get their contact information.
- Preserve Evidence: Keep your shoes and clothing as they were – this could be valuable evidence.
- Call a New Jersey Slip & Fall Lawyer: A New Jersey injury attorney can help determine if you have a valid claim.
Proving Negligence in a Slip & Fall Case
To win your case, you’ll need to prove four key elements:
- Duty of Care: The property owner was responsible for maintaining safe conditions.
- Breach of Duty: They failed to clear snow and ice in a reasonable time.
- Causation: Their negligence directly led to your fall and injuries.
- Damages: You’ve experienced tangible setbacks, including medical expenses, wage loss, and the physical and emotional distress resulting from your accident.
Additionally, New Jersey follows a modified comparative negligence rule, meaning if you were partially at fault (e.g., wearing unsafe footwear or ignoring visible warnings), your compensation may be reduced or barred entirely if you are found to be more than 50% responsible for the accident.
What Compensation Can You Get?
If your case is successful, you may be entitled to compensation for:
- Medical bills: Emergency care, surgeries, therapy, and ongoing treatment.
- Lost wages: If you had to miss work due to your injuries.
- Pain & suffering: Compensation for physical and emotional distress.
- Permanent injuries or disability: If your injuries have long-term consequences.
The more compelling your evidence, the stronger your case for securing fair compensation.
FAQs: Winter Slip & Fall Accidents in New Jersey
1. How long do I have to file a slip and fall lawsuit in NJ?
Generally, you have two years from the date of your accident to file a personal injury claim. However, if filing against a municipality, you must submit a notice of claim within 90 days of the accident.
2. What if I slipped on a sidewalk outside a business?
Businesses are typically required to clear sidewalks. If they failed to do so, you may have a case.
3. Can I sue the city if I fell on a public sidewalk?
Possibly, but municipalities have strict legal protections and require filing a notice of claim within 90 days of the accident.
Take Action Today – Contact Corradino & Papa
Winter slip and fall accidents can happen suddenly, but your recovery shouldn't be uncertain. If you’ve been injured in a fall on an icy sidewalk in Clifton, Paterson, Passaic, Newark, Jersey City, Elizabeth, or anywhere in New Jersey, it’s time to take action.
At Corradino & Papa, we fight for injured victims like you. Even if you're unsure whether you have a case, a free consultation can help you understand your legal options. Call 973-381-1706 to schedule a free consultation today. Let’s discuss how we can assist you in securing the compensation you need.
Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Each case is unique, and the outcome of a legal claim depends on specific facts and circumstances. Consulting with a qualified attorney is the best way to understand your legal rights and options.