A slip-and-fall accident occurs when someone loses their footing due to hazardous conditions, like wet floors or icy surfaces, and sustains injury as a result. The key factors often involve negligence, unsafe premises and a failure to address or warn about potential dangers, leading to injuries during everyday activities.
In the cold days of winter storms, you need to understand the ongoing storm rule when dealing with premises liability issues in New Jersey. This rule is key in determining who is responsible for accidents due to snowy and icy conditions.
Understanding the ongoing storm rule
Annual snowfalls in New Jersey average 10-15 inches in the state’s southern region, while the northern zone can expect 40 to 50 inches. Storms may last several days, coming one after the other during winter months.
The ongoing storm rule is a legal idea that recognizes how tough storms can be to deal with. In New Jersey, property owners are not held accountable for accidents caused by natural snow and ice during an ongoing storm. This rule accepts that property owners can not always keep their places totally safe when nature is still actively adding wintry precipitation.
Walking on slippery ground
Even though property owners catch a break under the ongoing storm rule, visitors also have to be careful. People walking on properties during a storm need to take reasonable steps to avoid getting hurt. This means walking slowly, wearing suitable shoes and being aware of the dangers of icy surfaces. Visitors have to share in keeping themselves safe during storms.
After the storm
Once the storm is over, property owners must quickly deal with any snow and ice to make things safe. The ongoing storm rule does not fully protect property owners after the storm ends. If they do not promptly clear walkways and handle dangerous conditions, they might be responsible for accidents on their property.
When is the storm really over?
Figuring out when a storm is officially over can be a bit tricky. In New Jersey, the law usually gives property owners a reasonable amount of time after a storm to fix dangerous conditions. But every situation is different, and things like the storm’s intensity and the current weather can affect this timeframe.
Balancing responsibilities in bad weather
In the interplay between property owners and visitors during storms, the ongoing storm rule tries to find a balance. Recognizing the challenges of weather, it sets out what both sides need to do.