Snow & Ice Claims in New Jersey
Understanding the Legal Standards for Snow & Ice Accidents
Every year, far too many people are injured in serious accidents caused by snow and ice on the ground. While these are all tragic, not every accident will lead to a lawsuit. Below, we at Levinson Axelrod, P.A. explain the different legal standards that may apply to snow and ice claims; these will depend on jurisdiction.
These are common legal standards that apply to business liability as it pertains to snow and ice:
- Natural Accumulation – Per this rule, snow and ice are not created by the business owner and cannot be considered a defective property condition. Under this rule, a business owner would not be liable for injuries caused by related accidents. There is, however, an exception. Under this standard, business owners could be held liable if it had been a long time since the snowfall has occurred and the snow has since become compacted ice.
- Storm-in-Progress – Under this legal standard, business owners are only required to begin snow and ice removal once a reasonable time has passed after the ending of a storm. With this rule, a jury would have to determine if the plaintiff was injured from new snow or old snow.
- Reasonable Care – This is one of the most common legal standards under which a business owner is required to use “reasonable care” to address issues surrounding snow and ice on their property. There would be no distinction between snow and ice or any other dangerous condition under this standard.
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At Levinson Axelrod, P.A., we have the resources that allow for us to take on serious personal injury claims and fight for the fair compensation that our clients deserve. We have recovered more than $1 billion since we were founded in 1939—and have won more than $250 million in the past 5 years alone.
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