As any resident of New Jersey will know, winters here can be severe, and copious amounts of ice and snow can accumulate quickly. This wintery precipitation can be dangerous to pedestrians and can lead to serious injuries.
However, the fact that slips and falls involving snow or ice in Bloomfield are caused by natural weather elements does not mean that no one is responsible for their effects. If your slip happened on someone else’s property and that person failed to exercise reasonable care in keeping their premises free of a dangerous situation, then the property owner may be responsible for compensating you for the injuries you sustained.
Although this can be complicated, a trusted slip and fall attorney from Fredson Statmore Bitterman, LLC can help you analyze the contexts and facts surrounding your fall to determine whether a third party may have liability.
Responsibility for Falls From Winter Weather
Ice or snow in Bloomfield that leads to a fall could accumulate in any number of places, including the sidewalks, streets, walkways, or alleyways surrounding:
- Schools
- Libraries
- Restaurants
- Public parks
- Private homes
- Retail stores
- Parking garages
- Office buildings
Depending on exactly where the slip occurred, multiple people or entities could be potentially responsible for keeping the area reasonably safe from snow and ice. This is not always easy to determine, but an attorney with experience in premises liability cases can help an injured person determine whether a business owner, homeowner, or government entity is potentially at fault for their injuries. This inquiry is important not only because damages need to be sought from the correct person, but because different rules or laws may apply depending on who the responsible party is. For example, a variety of rules relating to notice and immunity from damages may apply if the person responsible for the area is a governmental official.
Status of Guests and Inclement Weather Slips and Falls
The reason the injured person was on the property at the time of the accident can affect the outcome of a slip on ice in Bloomfield. The law in New Jersey classifies guests into one of three general categories depending on the nature of their relationship to the property owner, and the category the injured person was in at the time of the accident will dictate the responsibilities the owner was required to provide.
Trespassers
If the injured person was on the property illegally—or was trespassing—the owner’s only responsibility is to not intentionally hurt them. Therefore, in most situations, it may be difficult for a trespasser to argue that the owner of the property owed them a duty to keep the premises free of ice and snow.
Licensees
The injured person may be someone allowed to be on the property for their own enjoyment, like a dinner guest. This category is known as licensees. Here, the property owner is responsible for making the property safe from dangerous conditions that they know about, but the owner has no responsibility to seek out any hidden dangers.
Invitees
Finally, the injured person may be someone who is invited onto the property for the owner’s benefit, such as a customer in a store. These visitors are known as invitees. In this instance, the owner will again be responsible for rectifying any dangers they knew about, but they must also take reasonable care to seek out and discover any dangers that may be on the property of which they are not already aware.
Ask a Bloomfield Attorney About a Slip and Fall From Winter Weather
When you sustain a serious injury, there are likely many concerns on your mind. Aside from the physical pain, the logistics and administrative responsibilities of seeking and receiving the appropriate medical care, negotiating with insurance, and trying to maintain your day-to-day life despite your injury can be overwhelming. You do not also need to worry about navigating the legal system and whether you will be able to receive fair compensation for your losses. Let our team take the lead in handling the legal matters so you can focus on recovering.
Schedule an initial consultation today with an attorney experienced in handling slip and fall cases involving snow or ice in Bloomfield.
