As New Jersey and Pennsylvania brace for a big snowstorm this weekend, slippery sidewalks, parking lots, and steps can turn a routine trip into a serious injury. If you’re hurt in a fall on snow or ice, knowing what to do—and how liability works in NJ and PA—can make a major difference. The slip and fall attorneys at Stark & Stark are here to help.
Safety Tips to Reduce Your Risk of a Slip and Fall
Before you head out:
- Footwear matters: Wear boots or shoes with deep treads and slip-resistant soles.
- Plan your route: Favor cleared, well-lit paths. Avoid shortcuts and untreated areas.
- Take small essentials: Keep traction aids, ice melt, and a flashlight in your car.
While walking:
- Take small steps and keep your center of gravity over your feet.
- Use handrails on stairs and ramps. Test surfaces with your foot before committing weight.
- Keep hands out of pockets to help balance and to break a fall if needed.
- Avoid carrying heavy or awkward loads that block your view.
Around your home or business:
- Shovel early and often; apply ice melt before and after storms.
- Address refreezing: Fix downspouts that discharge onto walkways; scrape and re-treat after temperature drops.
- Mark hazards: Use cones or signage in high-traffic areas until fully cleared.
What to Do After a Fall on Snow/Ice
- Seek medical care: Call 911 for emergencies. Even if you feel “okay,” get evaluated—some injuries surface later.
- Report the incident: Notify the property owner/manager right away and ask for any incident report to be completed. Keep a copy if possible.
- Falls that occur in the course of employment may implicate workers’ compensation, and sometimes third-party claims as well.
- Preserve evidence immediately:
- Take photos/video of the exact area, nearby lighting, and any snow/ice treatment (or lack thereof).
- Capture wide shots, close-ups, and multiple angles; include landmarks and your footwear.
- Note the time, weather, and conditions; save weather app screenshots.
- Get names/contacts of any witnesses.
- Be cautious with statements: You may be asked for a recorded statement by an insurer or property representative. Consider speaking with counsel first.
- Contact a slip and fall attorney: Evidence can disappear quickly as conditions change. An attorney can help secure surveillance video and put the property on notice to preserve evidence.
Who is Responsible? Slip and Fall Liability Basics in NJ & PA
While every case is fact-specific, here are some key principles:
- Duty to keep premises reasonably safe: Commercial property owners and managers generally must take reasonable steps to maintain reasonably safe conditions, including snow/ice treatment and warnings as appropriate—but in New Jersey, the timing and scope of that duty is often affected by the ongoing-storm rule. Residential duties vary by state and location.
- Timing matters:
- New Jersey: Under the “ongoing storm” rule, commercial landowners generally do not have a duty to remediate snow/ice hazards caused by ongoing precipitation until a reasonable time after a storm ends. There are exceptions, such as unusual circumstances or pre-existing dangerous conditions that worsen hazards.
- Pennsylvania: Courts often apply the “hills and ridges” doctrine during widespread winter conditions. Generally, to hold a property owner liable for a naturally accumulated, slippery condition, there must be proof of dangerous ridges or elevations of snow/ice that the owner had notice of and failed to address in a reasonable time. The doctrine may be inapplicable or less protective where the hazard is alleged to be unnatural or aggravated by the property’s design/maintenance (e.g., drainage/runoff that refreezes).
- Notice: In both states, liability usually depends on whether the owner knew or should have known about the hazard and had a reasonable chance to fix it or warn visitors.
- Commercial vs. Residential Sidewalks:
- New Jersey: Commercial property owners typically owe a duty to maintain abutting sidewalks. Residential owners generally do not have the same tort duty (even if local ordinances require shoveling), though specific facts and local rules matter. In New Jersey, residential homeowners are generally not liable for injuries on public sidewalks abutting their homes unless their actions create or worsen the hazardous condition.
- Pennsylvania: Duties depend on location and circumstances; businesses commonly owe a duty to invitees on their premises and adjoining areas under their control.
- Multiple potentially responsible parties: Owners, landlords, property managers, tenants, and snow/ice contractors may share responsibility depending on control and contracts.
- Comparative negligence: In both NJ and PA, your recovery may be reduced by your percentage of fault. If you are found more than 50% at fault, you may be barred from recovery.
- Deadlines: Most personal injury claims must be filed within two years in both NJ and PA, but there are exceptions. Talk to an attorney promptly.
What Compensation Can You Seek After a Slip and Fall Injury?
Depending on the facts, damages may include:
- Medical bills and future medical care
- Lost wages and reduced earning capacity
- Pain and suffering
- Scarring or disfigurement
- Loss of enjoyment of life
- Property damage (e.g., broken phone, glasses)
- In certain cases, loss of consortium and wrongful death damages
Why Act Quickly?
Snow and ice conditions change by the hour. Securing photos, witness statements, weather data, and surveillance footage ASAP can be critical to proving your case.
