Improperly cleared sidewalks pose an ever-present hazard in the wintertime. Thanks to another person’s carelessness, you can sustain serious injuries that negatively impact you for years to come. If you’ve sustained injuries in a slip and fall, please read on, then contact one of our experienced New Jersey premises liability lawyers to discuss who’s at fault for negligent snow and ice removal in New Jersey.
Negligent Snow and Ice Removal in New Jersey | Who’s at Fault?
After a snow or rainfall event, the property owners of all homes, shops, businesses and municipal buildings have a limited window of time during which they must clear the walkways adjacent to all sides of their property. Furthermore, depending on the terms of their lease, tenants can also be held liable for failure to remove snow or ice and someone sustains injuries as a result.
How do you prove your case for negligent snow and ice removal in New Jersey?
Naturally, negligent property managers will try to turn the tables and blame you for your own injuries. In order to prevent that, you must prove the following:
- You were on a part of the property where visitors are usually allowed and/or expected to be
- You were paying sufficient attention to where you were walking, i.e. not looking at your phone
- You were wearing appropriate footwear
- The dangerous condition was not cordoned off by cones or signage
- The dangerous condition was not reasonably obvious to you
Even if you did not observe these actions, your case can still be brought forward. However, it may be subject to New Jersey’s comparative negligence rule.
What is New Jersey’s comparative negligence rule in slip and fall cases?
New Jersey juries are tasked with making two determinations: 1) if the property owner is at fault and 2) to what degree the victim was at fault. If the jury finds that you did not engage in the above-mentioned precautionary actions or else contributed in any other meaningful way to your slip and fall accident, your damages award will be reduced by a percentage equal to your share of the fault. For example, if the jury awards you $100,000 but finds you 25% responsible because you disregarded orange cones, you will be entitled to $75,000. If any of this sounds complicated, reach out to one of our skilled New Jersey personal injury lawyers to discuss your next steps.
Contact our experienced New Jersey firm
If you or someone you know has sustained an injury, whether on the job, on the road, due to a medical professional’s negligence, or otherwise, our firm is here. Rubenstein, Berliner & Shinrod, LLC has helped countless victims of negligence over the years, and we are ready to do the same for you. Contact our firm today so we can get started.