Fresh snow can be picturesque and is especially exhilarating if you enjoy winter sports or playing in the snow. It is also accompanied by freezing temperatures, harsh winds, and icy roads, parking lots, sidewalks and dangerous conditions. Black ice causes countless injuries every year in New Jersey.
Snow and ice account for many car and truck accidents on all highways and streets in New Jersey. Even after the snow is plowed and the roads are salted, daytime thawing can lead to refreezing during night or when temperatures drop. This causes black ice to form on the road and unaware drivers can quickly lose control of their vehicle.
Ice can also present underfoot when walking on sidewalks, parking lots and other walkways. Even when temperatures are above freezing, ice can still be present up to 37 degrees. If you step on black ice, you may not realize it until it’s too late. Black ice can cause your feet to slip right out from under you and the landing can cause serious permanent injuries when you land on your body or even your head.
If you or your family member is a victim of a slip and fall injury, you should contact a NJ Injury Lawyer to consult with you about your case. An experienced NJ Injury Lawyer can help you determine who may be liable for your slip and fall on ice and snow, and whether you are entitled to compensation for your injuries.
Who is Responsible When You Fall on Snow or Ice?
Many times, when someone slips on ice, they can get right back up and not miss a beat. However, not everyone can be so lucky. Many people suffer serious, traumatic injuries when they slip on black ice. If you are injured, it is important to determine where exactly you fell to determine who is responsible for the ownership, control and maintenance of that property.
- Commercial Property. Business owners are required to make their property safe for all members of the public. They have an obligation to clear ice and snow for everyone who comes on their property. This includes clearing all black ice from the sidewalks and parking lots on their property.
- Residential Property. Private houses are not required to clear their property and driveway of snow and ice after a major snow storm or from icy conditions. Therefore, owners of residential property will not be liable if you fall on their property, unless they knew there was black ice on their property.
- Public Property. If you fall on black ice or snow on public property, such as a sidewalk on a city-owned park, or other property owned by the State, County, Municipality, or other public entity, you will face several obstacles in order to make a claim for your injuries. First, you need to provide the public entity notice of your potential claim within 90 days of your fall, or you may be barred from making a claim. Second, your injury must pass a high threshold called a “significant permanent injury.” Finally, even if you satisfy the first 2 – public entities are protected by the “Weather Immunity.” This means they cannot be sued for weather such as ice and snow, unless you can establish that they knew about the condition and still failed to clear the ice and snow.
- Charitable Property. If you fall on black ice or snow on property owned by a non-profit charitable organization, you may also face obstacles when making a claim. Non-profit churches, charities or educational entities are protected by the “Charitable Immunity.” This means the charity may not be sued unless their failure to prevent of a dangerous condition, such as ice or snow, unless their conduct was considered “gross negligence.”
- Independent Contractors. Many times, commercial property owners hire contractors to clear ice and snow from their sidewalks and parking lots. These contractors may also be liable if you slip and fall on property they are hired to clear. ALSO: independent contractors hired to clear ice and snow in public property or charitable organization property are not immune from suit and can be liable if they failed to clear the property where your fell.
Why Hire My NJ Injury Lawyer Howard P. Lesnik
- I always offer a free strategy session with no obligation.
- I never charge a client a fee unless I recover cash settlement.
- I personally provide exclusive one on one devotion to each client.
- I handle all insurance communication, applications and forms at no charge.
- I have obtained countless successful verdicts and settlements for my clients.
- My office provides accident investigation services, including obtaining police reports, ambulance reports, 911-calls, witness statements, surveillance video, and all medical reports and records.
- I will litigate your case. If your case cannot be settled with the insurance company, I will file a lawsuit for your accident claim. Most cases settle before trial. But I also look forward to presenting any claim before a jury if necessary.
- I have almost 20 years of experience handling New Jersey accident cases.
About My NJ Injury Lawyer Howard P. Lesnik
Howard Lesnik began practicing personal injury law in 2001, and is vastly skilled in accident claims, including taking depositions, motion practice, and trial experience. Howard personally handles every accident case himself and does not farm them out to other attorneys or offices. He brings almost 20 years of experience, countless successful settlements and verdicts, and a drive to help NJ accident victims get justice they deserve against enormous insurance companies.
Howard is extremely excited by his record of success stories both in and out of the court room. However, he is also honored about how his clients’ experiences with his firm. Howard has 100% positive reviews on Google, Martindale, AVVO and Lawyers.com. Howard is a member of the Ethics Committee and makes sure that all his clients get the attention they deserve and strives to make sure they are satisfied throughout the entire process.
If you or a loved one suffered an injury in a New Jersey accident, you should contact an attorney familiar with handling these claims. My NJ Injury Lawyer Howard P. Lesnik, Esq. offers free strategy sessions to address any issue or questions you may have about your injury, medical bills or your accident claim.
Please contact NJ Injury Lawyer Howard Lesnik, Esq., immediately if you were involved in an accident and were injured or suffered damages. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.