How Does the “Ongoing Storm” Rule Affect Slip and Fall Lawsuits in New Jersey?

One of the most common causes of a slip and fall in New Jersey is winter weather. When the temperature drops, snow falls, and ice begins to form. In some areas of New Jersey, there are over 200 “freeze days” per year. Annual snowfall can also reach over 50 inches. Because of these factors, pedestrians and business patrons are likely to face a range of ice or snow-related hazards each year.

If you slip and fall on ice while walking in New Jersey, you may be able to hold property owners liable for your injuries. After all, it is their responsibility to keep their properties clear from snow and ice. However, there is one notable exception to this liability, and it is known as the “ongoing storm” rule. Understanding how this rule might affect your claim may be important as you pursue compensation.

The Ongoing Storm Rule Explained

 The ongoing storm rule is simple. Under normal circumstances, property owners (specifically commercial landowners) must clear away snow and ice in a timely manner. Generally speaking, they are required to remove the snow by the morning hours if the snow or ice forms overnight. If snow or ice forms during the day, they are usually required to address the hazard by nightfall. This might include salting, shoveling, chipping away ice, or putting up warning signs.

The ongoing storm rule essentially gives commercial landowners the option to wait until the end of a storm before removing snow and ice from their properties. Although this rule might seem simple at first, there are all kinds of factors that must be clearly defined. For example, what is the definition of a “storm?” Does light snowfall count as a storm? What about a blizzard? In addition, how do we know when a storm has truly passed? Is a storm over when the temperature rises above freezing? Does a storm end when wind speeds dissipate? These are questions that must be answered on a case-by-case basis during a personal injury lawsuit.

 An Example of the Ongoing Storm Rule in New Jersey

With all that said, defendants have successfully used the “ongoing storm” rule to avoid liability in the past. On July 6, it was reported that a Costco location in North Plainfield had successfully escaped liability for injuries suffered by a patron during a snowstorm. The incident involved a customer who was apparently prevented from walking to her vehicle with the support of her shopping cart. She then fell outside Costco and suffered injuries. This was after the Governor of New Jersey had declared a state of emergency in 2018 due to a major snowstorm. At this point in time, snow was falling at a fast pace. Despite the emergency warning, the plaintiff drove to Costco, parked in the parking lot, and went inside. When she left the store, she fell and suffered injuries.

Initially, the plaintiff attempted to argue that the ongoing storm rule only applies to public areas and not private commercial properties. This ruling comes after a very similar decision in 2021 that upheld the ongoing storm defense in New Jersey. The court also stressed that the landowner’s duty to clear away the snow should be suspended “until a reasonable time after the cessation of precipitation.” This provides us with a general sense of how the “end” of a storm is defined under New Jersey law, and it shows that precipitation is the key factor to consider, not wind speed or temperature.

In the above lawsuit, it was very clear that the injury occurred during the storm. But in other situations, it might not be so clear. If the storm is only defined as being over with the “cessation of precipitation,” one might argue that even the lightest snowfall could constitute a “continuing storm.”

Where Can I Find a Qualified Personal Injury Attorney in New Jersey?

If you have been searching for an experienced personal injury attorney in New Jersey, look no further than Lependorf & Silverstein, P.C. Over the years, we have assisted numerous injured victims across the Garden State. We know how dangerous walking areas can become during cold months, and we are here to help anyone who has suffered snow or ice-related injuries while walking on the premises of property owners.

With our assistance, you can pursue compensation for medical expenses, missed wages, emotional distress, and any other damages you might have sustained due to slips and falls. Book your consultation today to get started with an effective action plan.