Winter's Legal Peril: Know Your Rights After a Slip-and-Fall Injury

ROCHELLE PARK, NJ – January 23, 2026 – As a colossal winter storm system places more than half the U.S. population under severe weather alerts, the dangers of snow and ice extend far beyond travel delays and power outages. With at least 20 states, including New Jersey, declaring a state of emergency, the treacherous mix of heavy snow, freezing rain, and subzero temperatures has created a landscape fraught with risk for pedestrians and drivers alike. Amid this widespread hazard, legal experts are highlighting the critical, and often misunderstood, responsibilities of property owners and the rights of those injured on icy surfaces.

Michael J. Epstein, a New Jersey personal injury attorney and founder of The Epstein Law Firm, recently released guidance on this timely issue. His article, “Injured on Ice or by a Snow Plow in New Jersey? Know Your Legal Rights This Winter,” serves as a crucial reminder that many winter-related injuries are not simple accidents but potential cases of negligence. “Winter injuries are often dismissed as minor accidents, but they can have long-term consequences,” said Epstein in a statement. The consequences of a fall on black ice or an uncleared sidewalk can range from broken bones to traumatic brain injuries, resulting in significant medical bills and lost income.

The High Stakes of an Icy Sidewalk

At the heart of winter injury claims is the legal principle of premises liability, which dictates that property owners have a duty to maintain a reasonably safe environment for visitors. In New Jersey, however, this duty is not applied uniformly, and the law draws a sharp distinction between residential and commercial properties.

Commercial property owners—including retail stores, office buildings, and apartment complexes—are held to a high standard. They have an affirmative legal duty to take proactive and reasonable steps to keep their premises safe for customers, employees, and tenants. This includes clearing snow and ice from sidewalks, parking lots, and entryways within a reasonable time after a storm concludes. Failure to inspect for hazards, apply salt or de-icing agents, or clear pathways can be considered negligence, making the owner liable for any resulting injuries.

Conversely, residential homeowners in New Jersey are generally protected by the “sidewalk immunity rule.” This long-standing legal precedent means a homeowner is typically not liable for injuries that occur on a public sidewalk abutting their property due to a natural accumulation of snow or ice. However, this immunity is not absolute. If a homeowner undertakes snow removal and performs it negligently—for example, by creating a new, unnatural hazard like a melt-and-refreeze patch or an improperly piled snowbank that obstructs views—they can be held responsible for subsequent injuries.

Proving Negligence: The 'Ongoing Storm' and Notice Doctrines

Determining liability is further complicated by legal standards like the “ongoing storm” doctrine, which is recognized in New Jersey. This rule generally absolves property owners of the duty to remove snow and ice during an active storm. The law provides them a “reasonable amount of time” after the precipitation has stopped to clear the hazard. What is considered “reasonable” is a crucial point of contention in many legal disputes and often depends on the severity of the storm, the time of day, and the nature of the property.

Furthermore, for an injured person to successfully bring a claim, they must typically prove that the property owner had “notice” of the dangerous condition. This can be actual notice, where the owner was directly aware of the specific patch of ice, or constructive notice. Constructive notice means the hazardous condition existed for a long enough period that a reasonably prudent property owner should have discovered and remedied it through regular inspection and maintenance. A patch of ice that formed just moments before a fall may not meet this standard, making these cases highly fact-specific.

These legal doctrines underscore the importance of diligence for property owners and the evidentiary challenges for victims. For commercial operators, it means having a clear snow and ice management plan is not just good practice—it's a critical risk management strategy.

When the City is Involved: Navigating Municipal Claims

Injuries that occur on public property, such as a municipal sidewalk, a public park, or in an accident involving a government-operated snow plow, fall under a different and much stricter set of rules. The New Jersey Tort Claims Act provides public entities with broad immunities, making lawsuits against them notoriously difficult. In fact, the state's Supreme Court has reinforced that public entities generally have absolute immunity for injuries arising from snow removal activities.

For anyone considering a claim against a municipality, time is of the essence. Unlike the standard two-year statute of limitations for most personal injury cases, a person injured on public property must file a formal Notice of Claim with the correct government entity within 90 days of the incident. Failure to meet this strict deadline can permanently bar the individual from seeking any compensation, regardless of the severity of the injury or the clarity of the negligence. This short window makes immediate action imperative.

Protecting Your Rights After a Winter Accident

Given the complexities of premises liability law, taking the right steps immediately following a slip-and-fall accident is vital for protecting one's health and legal rights. Epstein’s guidance emphasizes a proactive approach. The first priority should always be to seek prompt medical attention, as some serious injuries may not be immediately apparent. It is also crucial to document the scene as thoroughly as possible by taking photos and videos of the icy or snowy condition, the surrounding area, and the lack of any salt or sand. If there were witnesses, obtaining their contact information can be invaluable.

New Jersey also follows a “modified comparative negligence” rule. This means that if an injured person is found to be partially at fault for their accident—for instance, by wearing inappropriate footwear for the conditions—any financial award they receive will be reduced by their percentage of fault. If their fault is determined to be greater than 50%, they are barred from recovering any damages at all.

“Property owners and municipalities have a legal duty to maintain safe conditions, and understanding your rights after an accident is critical for protecting yourself,” Epstein noted. Consulting with a personal injury attorney promptly can help an injured individual navigate the tight deadlines and legal hurdles required to hold a negligent party accountable.