New Jersey winters can turn a simple trip to the store into an obstacle course of snow, slush, and ice. One minute you’re grabbing groceries, the next you hit a slick patch — and suddenly you’re flat on your back, staring up at the gray sky and wondering, “What just happened?” and if you are hurt, “Can I sue for this?”
In New Jersey, the answer is… it depends.
In this post, I’ll break down the Ongoing Storm Rule, other key legal considerations, and what you should do if you or a loved one are injured in a winter slip-and-fall.
What Is the Ongoing Storm Rule?
The basic idea is simple: If a snowstorm is still happening, commercial property owners generally do NOT have to clear snow and ice until a reasonable time after the storm ends. This makes sense when you think about it.
It would be unrealistic to expect a store owner to shovel every few minutes while snow is still piling up. No matter how hard they try, the conditions would keep getting worse.
So if you slip in the middle of an active storm outside a grocery store or strip mall, the property owner usually isn’t legally responsible—just because snow and ice were present.
But (and there’s always a “but” in law) there are important exceptions.
When the Ongoing Storm Rule DOESN’T Protect the Business:
A commercial property owner can still be liable if:
They made things MORE dangerous
If the business did something that created or worsened a hazard, the rule goes out the window.
Example: A store plows its lot in a way that piles up snow into a big icy ridge right where people walk. That’s not Mother Nature—that’s human error.
There was already a problem BEFORE the storm
If there was ice from a previous storm that the business never fixed, they don’t get a free pass just because a new storm started.
In other words, you can’t ignore old ice, then hide behind a new snowfall like, “Oops, fresh storm—not my problem!”
Commercial vs. Residential:
Here’s where many people get surprised.
In New Jersey:
Commercial property owners generally have a duty to keep their property reasonably safe from snow and ice.
Residential homeowners generally do NOT have a legal duty to clear snow and ice for personal injury claims.
Yes, you read that right.
Even if your town has an ordinance saying homeowners must shovel their sidewalks within, say, 12 hours, failing to do so usually does NOT make them legally liable if someone falls. The town might fine them—but that doesn’t automatically mean you can sue them.
When CAN a homeowner be liable?
A homeowner can be responsible if they actively made things worse, such as:
Shoveling in a sloppy way that creates a sheet of glare ice;
Directing a downspout or hose onto the sidewalk where it freezes; or
Dumping snow from their driveway onto the public sidewalk in a way that creates a dangerous condition.
In those cases, it’s not “failure to act”—it’s bad action, which can lead to liability.
What About Townhouses, Condos, and HOA Communities?
If you fall on a private sidewalk in a condo or townhouse complex, the responsible party might be the homeowners association or management company or snow removal contractor depending on the community rules.
Some HOAs are legally responsible for snow and ice removal. Others aren’t. It depends on the governing documents—boring paperwork that can make or break a case.
You Slipped. Now What?
If you or a loved one falls on snow or ice in New Jersey, here’s what you should do:
- Take photos immediately.
Get pictures of the exact spot, the ice, the snow, and the surrounding area
- Note the weather.
Was the storm still happening? Had it stopped hours ago? This matters.
- Get an incident report if it happened at a business.
Ask a manager to document what happened before you leave.
- Seek medical care.
Even if you feel “okay,” injuries sometimes show up later.
- Talk to a personal injury attorney.
Slip-and-fall cases in winter are rarely simple, and New Jersey’s Ongoing Storm Rule adds an extra layer of complexity. Timing, weather conditions, and what the property owner did (or didn’t do) all matter.
If you have been hurt, don’t assume you automatically have — or don’t have — a case. Every situation is different, and small details can completely change the legal outcome.
If you’re unsure where you stand, talk to a personal injury attorney who knows how these cases work. The right guidance can help you understand your options when winter takes an unexpected turn.
