Do New Jersey Property Owners Have to Clear Snow and Ice?

Who Is Responsible for Snow and Ice Removal in New Jersey?

Responsibility for removing snow and ice from a property following winter weather will depend on the type of property and where the snow accumulates. It is critical to note that New Jersey does not have a state-wide rule regarding the cleanup of snow or ice. As such, local ordinances must be carefully adhered to.

Property Owners and Abutting Sidewalks

The overwhelming majority of New Jersey municipalities require home and business owners to remove snow and ice from the sidewalks adjacent to their premises.

• Sidewalks may be public property, but maintenance is often assigned to the property owner
• Time limits for snow removal generally range from 12 to 48 hours after the weather event ends
• Some municipalities include specific minimum widths that must be cleared for pedestrians

Government Responsibility for Roads

• The New Jersey Department of Transportation (DOT) is responsible for clearing state highways
• Local roads are the responsibility of the town or county
• Property owners are not responsible for plowing public roads

What Areas Must New Jersey Property Owners Clear?

It’s necessary to understand that snow removal is not limited to sidewalks. Property owners may also be required to clear other areas on their property that could be hazardous for delivery drivers and other guests.

Sidewalks and Public Walkways

• Snow and ice must be removed from sidewalks adjacent to the property
• Ice melt or sand is recommended post-shoveling
• Snow should not be moved to the street as it poses a refreezing risk

It’s important to understand that snow removal duties do not end after the first round of shoveling is complete. Property owners are responsible for continuing to monitor conditions, as temperatures may result in the freezing of melted snow. As such, additional steps, like salting, may be required.

Private Walkways, Steps, and Entrances

Typically, property owners, whether for private residences or public businesses, must also clear:

• Walkways leading to the front door
• Porch steps or stoops
• Entryway ramps and other accessible entrances
• Paths for mail carriers or delivery drivers
• Business entrances and pathways for pedestrians to traverse parking lots

Failure to remove snow and ice from these areas can result in increased risk of premises liability claims in the event someone slips and falls.

Vehicles and Driveways

• Drivers must clear snow and ice from their vehicles, including the roof, before driving
• Ice that slides or falls from a vehicle can result in accidents and injuries

How Do Local Laws Affect Snow Removal Duties?

As mentioned, there is no statewide statute that determines how and when snow must be cleared after a weather event. As such, familiarizing yourself with local ordinances is critical, as these will clarify deadlines for snow removal.

Time Requirements Vary by Municipality

In general, most municipalities will set time limits that begin within a set number of daylight hours following a storm, while others may set a deadline that takes effect once the snow or ice stops.

However, commercial properties may face stricter or faster deadlines for removing snow from the premises. This is because these properties are held to a higher legal standard than residential homes, as these locations invite the public onto the premises. As such, owners of these properties are required to continually inspect walkways and address issues more quickly than a private homeowner.

Possible Fines for Non-Compliance

In the event a property owner fails to remove snow or ice from their property within the time frame set by local ordinance:

• The municipality may issue a fine or citation
• Repeated offenses often result in higher penalties
• In some municipalities, the town may remove snow and ice from the property and bill the homeowner for the cost

What Happens if Someone is Injured on Snow or Ice in New Jersey?

Failure to remove snow or ice from the premises may result in serious injuries if someone slips and falls. As such, property owners can face legal liability if they fail to address these matters in a reasonable timeframe.

For example, if a delivery driver slips and falls after an overnight storm in North Jersey, and the snowfall stopped hours before, the property owner can face municipal penalties and civil liability for the damages inflicted if they failed to take reasonable steps to clear the premises.

Common Snow and Ice Injuries

• Broken or fractured bones
• Head injuries and concussions
• Back and spinal cord injuries
• Neck injuries
• Knee and ankle damage

Premises Liability Considerations

• Property owners have a duty to maintain reasonably safe conditions on the premises
• Liability can depend on whether or not the property owner had a reasonable time to address the risk
• Documentation of failure to remove snow or ice can serve as important evidence for injured parties

Renters vs. Landlords

• Lease agreements may shift responsibility for snow removal from landlords to tenants
• However, landlords may still share liability depending on who exercises control of the property
• Multi-family homes and commercial properties often have different rules

Contact a New Jersey Personal Injury Attorney Today

If you have suffered serious injuries as a result of a property owner’s failure to remove snow and ice from their premises, it’s imperative to connect with a personal injury attorney with Berliner, Cohen, Accardi & Grossman, LLC. Our dedicated legal team understands how complicated these matters can be to navigate, which is why we are committed to helping you fight for the best possible outcome. Contact us today to learn more.