Back to Blog
Premises Liability

Slip and Fall on Ice: Property Owner Liability Explained

AD

Alicia Dawson

November 12, 2024 5 min read
Slip and Fall on Ice: Property Owner Liability Explained

Overview Summary

  • 1Property owners have a duty to remove snow/ice within a reasonable time after a storm.
  • 2You must prove the owner knew (or should have known) about the hazard.
  • 3Commercial properties (stores) are held to higher standards than residential homes.
  • 4Take photos of the ice immediately; it will melt and destroy your evidence.
  • 5Your own footwear choices can be used against you (Comparative Negligence).

Winter brings snow, ice, and broken hips. If you slip in a parking lot or on a sidewalk, is the owner responsible? It depends on the 'Reasonable Time' doctrine.

The 'Storm in Progress' Rule

In many states, a property owner does not have to shovel while it is snowing. They typically have a window (e.g., 12-24 hours) after the storm stops to clear the way. If you fall during the blizzard, it's harder to win.

Constructive Notice

If you slip on 'Black Ice' that formed days later from melt/refreeze, you have a strong case. We argue the owner had 'Constructive Notice'—meaning they should have inspected their property and salted the area.

Saad Admani

About the Author

Saad Admani is the lead Personal Injury Attorney at Admani Law with extensive experience representing accident victims in NJ. He specializes in fighting insurance claims, negotiating settlements, and advocating passionately for his clients.

Call 24/7
    Slip And Fall Ice Snow | Car Injury Law Blog