Snow and Ice Slip and Fall Lawyer Marlton, NJ
New Jersey Slip and Fall Lawyers Fight to Hold Negligent Parties Responsible for Clients Injured on Snow and Ice
Property owners generally owe a duty to ensure their property is clear of snow and ice and safe for visitors to the property. However, many snow and ice slip and fall accidents still occur because property owners fail to fulfill their legal obligations to clear snow and ice from their properties. If you or a loved one were injured in a snow and ice slip and fall accident, you know all too well that even a “minor” accident such as a slip and fall can cause severe injuries that can be expensive to treat.
The award-winning snow and ice slip and fall lawyers of Andres & Berger, P.C. are ready to help clients fight to obtain the compensation they deserve after a slip and fall caused by snow and ice on someone else’s property. We help clients injured in snow and ice slip and fall accidents in Collingswood, Haddonfield, and throughout South Jersey.
Who Is Responsible for a Snow and Ice Slip and Fall Accident?
Depending on the status of the property, the legal and financial responsibility of a property owner for a snow and ice slip and fall can change. An experienced snow and ice slip and fall attorney can evaluate your case to determine whether the property owner was responsible for removing snow and ice from their property or warning you of any hazardous snow and ice on property you entered. The duty of a property owner to remove or warn of snow and ice depends on whether they are:
- Commercial property owner: Commercial property and business owners are required to take reasonable steps to clear snow and ice from their property to make it safe enough for customers and the public to traverse their property. Snow and ice must be cleared in a reasonable amount of time; if potential snow and ice hazards still exist on the property, the property owner must place reasonable warnings.
- Residential property owner: A residential property owner is typically only liable for a snow and ice slip and fall where the injured party is an invited guest who is injured by an unreasonably dangerous condition or a dangerous condition made worse by the property owner.
- Public property: If a snow and ice slip and fall occurs on public property owned by the government or a public agency, the injured party typically only has a short amount of time to notify the responsible government or agency about their injury, typically as short as 90 days. In addition, to pursue a snow and ice slip and fall claim against the government or a government agency, you must also show that you suffered a substantial injury and that the government or agency knew of the snow and ice and failed to clear it in a reasonable time.
- Management or maintenance company: Property owners may also hire third-party management or maintenance companies who are responsible for snow and ice removal. They can also be held liable for a snow and ice slip and fall if they fail to clear snow and ice or do so in a negligent manner.
How Can Snow and Ice Slip and Fall Attorneys at Andres & Berger, P.C. Help?
In addition to the property owner’s status, the status of the injured party on the property can also affect the duty owed by the property owner to the injured party. The status of a visitor depends on whether they are authorized to be on the property and their purpose for being on the property. New Jersey law recognizes three categories of visitors on property:
- Invitee: An invitee is someone who has permission to enter a property and does so for the benefit of the property owner; therefore, a property owner owes the highest duty to an invitee to take reasonable steps to remedy hazardous conditions on the property or warn the invitee of any hidden hazards. Invitees are often customers of a retail business or restaurant.
- Licensee: A licensee is someone who has permission to enter a property but does so for their own benefit, such as a social guest visiting a homeowner. A property owner owes a duty to a licensee to correct and warn of obvious dangers, but has no duty to inspect the property to find hidden dangers.
- Trespasser: A trespasser is someone who does not have permission to enter property and does so illegally. A property owner owes a trespasser the lowest duty, merely to refrain from intentionally or recklessly harming the trespasser.
The snow and ice slip and fall accident attorneys of Andres & Berger, P.C. will investigate your case to be able to argue for the highest duty of care possible — we recognize that not every visitor to a property may fall neatly into one of these three categories.
Schedule a Consultation with Dedicated Cherry Hill, NJ Snow and Ice Slip and Fall Lawyers Today
If you or a loved one suffered a snow and ice slip and fall, contact the dedicated snow and ice slip and fall attorneys of Andres & Berger, P.C. today for a consultation on your case. We’ll let you know what your legal options are, what kinds of compensation you might be entitled to, and how we can help you pursue a claim against the parties responsible for your slip and fall.
FAQ: Why do residential property owners have a lower duty to clear snow and ice than commercial property owners?
The law doesn’t impose as high a duty on residential property owners as it does on commercial property owners because businesses invite the public onto their property for the business’ benefit. In contrast, visitors to residential property typically enter for their own benefit rather than the homeowner’s benefit.
FAQ: What if the property owner is trying to argue that I’m at fault for my own slip and fall because I wasn’t proceeding carefully enough across snow and ice?
In New Jersey, negligence cases use a comparative fault paradigm. Therefore, even if you are partially at fault for your slip and fall accident, the property owner may still be liable to pay you some compensation if they breached their duties to clear snow and ice from their property or, if applicable, warn you of hazardous snow and ice on the property.