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Winters in New Jersey can be harsh, bringing not only snow and ice but also legal responsibilities for property owners. Whether you own a home, manage a rental property, or operate a business in Essex County, it is important to understand your responsibilities as a property owner when it comes to clearing snow and ice. For more information and legal counsel, continue reading and speak with an experienced New Jersey personal injury lawyer today.
Yes, property owners in New Jersey are responsible for clearing snow and ice from their property and the surrounding area. Because sidewalks are public property, most people would not assume that anyone besides the local government would be responsible for shoveling or salting. However, that is not the case in NJ.
It is important to note that state and local governments do contribute to street maintenance after a snowstorm. The NJDOT (New Jersey Department of Transportation) is responsible for clearing major roadways like state highways, and county or city governments clear snow and ice from local roads. However, property owners are required to pitch in as well.
Despite the fact that sidewalks are public property, homeowners, landlords, and business owners are responsible for salting and shoveling the sidewalks that directly border their property. This generally must be done within 12 daylight hours after the snowfall has stopped. For example, suppose it snows overnight and stops at around 4 in the morning. If the sun rises at 7, property owners must shovel by 7 pm to comply with local ordinances. However, the deadline may vary for commercial properties.
As a homeowner, you may understand the need for you to shovel sidewalks and keep walkers safe, but question whether you have to shovel walkways or steps on your property. After all, it is your home and you should be able to take that risk if you want to, right?
Actually, you should shovel all pathways and steps leading up to your house. New Jersey implements premises liability laws, meaning that property owners have a legal obligation to provide a reasonably safe environment for customers, guests, and even sometimes trespassers. If your mailman is delivering to your house and slips on an icy walkway, you could be held responsible for the resulting injuries and damages.
If you do not remove snow and ice from your property or the sidewalks surrounding your property, you could face fines from the local municipality. In addition, your failure to clear the hazard could lead to premises liability lawsuits if someone is injured. It is always best to take reasonable steps to keep your property safe after a snowstorm. For more information, contact a skilled personal injury lawyer today.
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