If you are renting property, you expect that your landlord will take care of all aspects of that property for you. When winter in New Jersey hits, and the ice and snow build, the last thing you want to worry about is shoveling. In New Jersey, your landlord is responsible for snow and ice removal in some situations, but not all.
If you fall and suffer an injury as a result of a non-safe surface, and the landlord is responsible, they may have to pay for your medical bills. At Kwartler Manus, our New Jersey premises liability lawyer can help you find out who is responsible.
Multifamily Homes in New Jersey and Snow Removal
Laws typically require property owners with multi-unit structures to maintain the common areas, including parking lots and sidewalks, from snow. That means, if you are renting an apartment in a building, renting a duplex with other people next door, or are in a leased condo unit, the landlord must remove snow and ice from most surfaces.
Landlords or the property management companies must take steps to reasonably clear walkways and parking lots from risks. This does not mean removing all snow, but rather making it as safe as possible.
Single Family Homes in New Jersey and Snow Removal
If you rent a single-family home, meaning you are the only family living in that space, the rules are a bit different. In these situations, who is responsible for snow removal is dependent specifically on the details of your lease. Most leases specify that renters must maintain their own driveways and sidewalks, not the landlord's.
In these situations, your lease will transfer responsibility to remove snow and ice to the tenant. And, when that happens, you become liable for what happens if an accident occurs.
If your lease states the landlord will maintain the property from snow and ice, then it is the responsibility of the landlord to do so and to meet reasonable expectations. Your slip and fall attorney can help you review your lease if you believe there are areas of confusion.
How Long Do They Have to Remove Snow and Ice?
Another factor to consider in a situation like this is the length of time the landlord has to remove snow and ice. The laws indicate that landlords need to act within a reasonable amount of time. That is not generally a set number, and most people living in New Jersey recognize that it is not always easy to get outside to shovel.
The law provides an overall guideline that property owners of rented multi-family homes must take action to clear walkways and parking lots within 12 daylight hours after the storm ends. This provides ample time for property management companies to remove debris from surfaces.
For a multi-day event, there is some leeway in how long snow removal may take. This again falls into the realm of “reasonable,” which can be left up to the area.
Understanding Liability in a Snow or Ice Fall in New Jersey
If it snows or ices over after a very cold night, and the property owner fails to maintain the sidewalks or driveway within a reasonable amount of time, New Jersey’s premises liability laws go into place. That means if the owner fails to maintain them, you fall and suffer injuries as a result, the owner could be responsible for your injuries.
To file a claim, you must work through proving negligence. Consider the following steps:
- The landlord or property management company owes you a duty of care. You live in a multi-unit property, or your leased single-family home states that the owner will maintain it.
- The landlord fails in that duty of care. The owner did not take action to resolve the ice and snow in a reasonable amount of time. Note that they often have a day or more to do so.
- You fall because of the snow or ice. You must demonstrate that this is the only reason for your fall.
- Your fall caused you to suffer medical injuries and financial losses. If you fell but did not go to the doctor for care, that may limit your ability to recover damages.
If you believe these factors apply to your situation, work with a premises liability lawyer in New Jersey to navigate your rights and seek compensation. Your lawyer will determine who is at fault, build evidence of their neglect and your injuries, and then seek fair compensation for you. Property owners often maintain this responsibility, but proving your right to compensation is often more challenging than just filing a claim.
Let Our Snow and Ice Liability Attorney in New Jersey Help You
At Kwartler Manus, our premises liability attorney in New Jersey can help you determine who is at fault and what your rights are. Set up a free consultation to discuss your case with our team now. When you do, we will work aggressively to protect your rights to fair compensation. Put your trust in an experienced and compassionate team ready to fight for you.