You slip on an icy sidewalk outside a store, or in a parking lot, or on the walk to a neighbor’s front door. Whether anyone is legally responsible depends almost entirely on what kind of property it was, and New Jersey’s rules on this are more specific, and more surprising, than in most states.
Commercial property: a duty to clear
Since Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), commercial landowners in New Jersey owe a duty to maintain the public sidewalk abutting their property in reasonably safe condition, and that includes removing snow and ice within a reasonable time. Mirza v. Filmore Corp., 92 N.J. 390 (1983), extended the duty specifically to snow and ice. The same duty applies to the commercial property itself: parking lots, entrances, walkways, and steps.
“Commercial” is broad. Stores, restaurants, office buildings, apartment complexes (as to common areas and sidewalks), churches and nonprofits that operate commercially, and mixed-use buildings all qualify. Owner-occupied single-family homes do not.
The standard is reasonableness, not perfection. A commercial owner must act within a reasonable time after the snow stops, must address ice that forms from melt and refreeze, and must not create a hazard through negligent clearing (piling snow where it melts across the walkway, for example). Failing to salt a known refreeze area is a common basis of liability.
The ongoing-storm rule
In Pareja v. Princeton International Properties, 246 N.J. 546 (2021), the New Jersey Supreme Court adopted the ongoing-storm rule: a commercial landowner has no duty to remove snow or ice while a storm is still in progress, and the duty arises only within a reasonable time after the storm ends. Two exceptions: where the owner’s own conduct increased the risk (negligent pre-storm clearing, for example), or where a pre-existing hazard from an earlier storm was never addressed. If you fell while it was still snowing, the claim is much harder, and the timing evidence (weather records, hour by hour) becomes central.
Residential property: mostly no duty on public sidewalks
Under Yanhko v. Fane, 70 N.J. 528 (1976), and cases since, a residential owner has no common-law duty to clear the public sidewalk in front of their home. Most municipalities have ordinances requiring residents to clear sidewalks within a set number of hours (often 12 to 24), but the courts have held that these ordinances do not create a private right to sue; violating one is a municipal offense, not civil liability.
A residential owner can still be liable for hazards on their own property (steps, walkways, driveway) that they created or knew about and failed to address, under ordinary premises liability rules. And a landlord of a multi-family residential building owes tenants and guests a duty to maintain common areas, including snow and ice removal.
Public property: the Tort Claims Act
A fall on a public sidewalk, road, park path, or the steps of a government building is a claim against a public entity, with two obstacles. First, the 90-day notice requirement under N.J.S.A. 59:8-8; see the 90-day rule. Second, N.J.S.A. 59:4-7 immunizes public entities from liability for injuries caused solely by the effect of weather conditions on streets and highways, and the “dangerous condition” standard under N.J.S.A. 59:4-2 requires proof that the entity’s failure to act was palpably unreasonable. Claims against public entities for snow and ice are possible but difficult, and the Tort Claims Act’s pain-and-suffering threshold applies.
Snow removal contractors
A commercial owner often hires a contractor to plow and salt. The contractor can be liable if it performed negligently, and the contract frequently allocates responsibility between them. Both are typically named as defendants, and both are usually insured.
What you must prove
- The condition (snow, ice, refreeze, uncleared accumulation) existed and caused your fall
- The owner knew or should have known of it (actual or constructive notice)
- The owner failed to act reasonably within a reasonable time after the storm
- Your injuries and damages
Comparative negligence under the 51% rule is always argued: footwear, attention, whether a safer path existed, and whether you saw the ice. Photographs of the exact spot, taken within hours before conditions change, and weather data for the preceding 48 hours are the two most important pieces of evidence.
What is recoverable
All medical expenses (there is no PIP in a premises case), lost wages, and pain and suffering, without the auto verbal threshold. See how New Jersey injury cases are valued. The statute of limitations is two years; see every New Jersey deadline.
How Ibrahim Personal Injury Law handles snow and ice falls
We obtain certified weather records to establish when the storm ended, send preservation letters for surveillance video, identify the owner, the contractor, and their insurers, and document the site before the evidence melts. Free consultation, contingency fee. Call (844) 315-4878 or contact us online.
Frequently asked questions
Can I sue a homeowner for not shoveling the sidewalk in NJ?
Generally no, for the public sidewalk. A residential owner has no common-law duty to clear it, and municipal ordinances do not create a right to sue.
How long does a business have to clear snow in New Jersey?
A reasonable time after the storm ends. There is no fixed number of hours in the case law; courts look at the storm’s severity, the time of day, and the property’s use.
What if I fell on black ice?
Black ice from melt and refreeze is a common basis of commercial liability, especially where the owner knew the area refroze and failed to salt.
Can I sue the town for an icy public sidewalk?
Only under the Tort Claims Act, with 90-day notice, and subject to weather immunity and the palpably unreasonable standard. These claims are difficult.
