Weather Conditions and Premises Liability

Bad weather can strike New Jersey properties at any time of year and, in many cases creating hazardous conditions for individuals on those properties. When someone suffers a personal injury while on someone else's property, that person may have grounds for pursuing a premises liability lawsuit and receiving compensation for damages.



If you have injured yourself in a slip and fall or other such injury related to weather conditions, you should know how these kinds of premises liability claims work, including the obligations of property owners to maintain safe conditions and the protections that the law extends to plaintiffs and defendants. Check out these frequently asked questions.

A variety of weather conditions and their consequences can leave properties temporarily unsafe for occupants and visitors. Hurricanes and hailstorms can knock tree branches and other debris onto walkways, causing people to trip over them. Puddles left over from a recent rain or leaky gutter can easily cause individuals to slip and fall.



Untended debris and damage on a property following a storm can present other injury risks as well. For instance, loose shingles or beams, pointed icicles, or a tree branch teetering on a rooftop may slide off the roof and land on someone. Glass shards from broken windows could potentially cut people who encounter them unknowingly.

To successfully pursue a weather-related premises liability lawsuit, you must do more than just show that ice, water, or other hazards injured you. You must also show that the property owner, lessee, or manager knew or should have known of the hazards, neglected to respond to these hazards, and that hazard caused an injury to you.

Injury damages can take many forms, including immediate medical expenses, long-term medical care costs, lost income, and loss of future earnings due to permanent disability. Your attorney may introduce evidence ranging from actual medical bills and diagnostic records to testimony from expert witnesses as evidence of damages.

According to New Jersey law, the property owner typically does not have to clean up ice, snow, water, or debris constantly during an ongoing storm. The property owner may wait a reasonable time after the bad weather subsides. If your injury occurred within that period, you might not have a case. Nevertheless, you should still discuss the matter with a knowledgeable attorney who can assist in sorting out the issues. 

Many states, including New Jersey, consider the status of property visitors when assigning premises liability. Business invitees (people invited onto the property for business reasons) and social visitors merit the highest burden of care from the property owner. Trespassers merit only a basic burden of care.

The amount of your claim that a jury may award you will also depend on the percentage of liability you yourself are found to hold in the case (such as tripping over an obvious, easily avoidable hazard). New Jersey law states that you can only recover damages if your share of the liability does not exceed 50 percent. This is known as New Jersey’s comparative negligence rule. 



Weather-related premises liability cases can throw some serious curves at individuals seeking compensation for their injuries. If you believe that a property owner's negligent response to foul weather led to your injury, seek skilled legal counsel. Contact Jarve Kaplan Granato Starr LLC today for a free consultation.