Falling snow or ice from a building can cause unexpected and severe injuries, especially during New Jersey’s unpredictable winter months. If you were injured by ice falling off a structure, you may wonder about your legal right to sue and recover compensation. Understanding how this situation is handled under NJ’s premises liability laws is crucial in protecting your legal rights and options. Continue reading for more information, and contact a snow and ice accident attorney to set up your free case evaluation today.
What Are the Dangers of Falling Ice?
Falling ice can pose significant risks, including traumatic brain injuries (TBIs), fractures, concussions, and even wrongful death. When ice falls from a roof, gutter, or building ledge, it could strike victims on the head, neck, or shoulders. Property owners who fail to clear these accumulations or fix defective structures that allow icicles to form increase the risk of these accidents. These injuries often lead to extensive medical treatment, long recovery periods, and significant financial burdens.
Can I Sue if I Was Injured by Falling Ice in NJ?
Yes, you can sue if you were injured by falling ice or snow from a building in New Jersey. However, in order to file a successful claim, you must be able to prove that the property owner or manager was negligent in maintaining their property and that this negligence directly caused your injuries.
In New Jersey, these cases fall under premises liability law. Property owners have a legal duty to maintain their premises in a reasonably safe condition for visitors, tenants, and even trespassers. This duty includes taking reasonable steps to prevent foreseeable hazards like falling ice or snow accumulation, or rectifying the issue in a timely manner. As long as you can prove the property owner’s fault, you can recover compensation for your damages.
How Can I Prove Negligence?
To establish negligence, you and your personal injury attorney will need to demonstrate the following elements:
- Duty of care: The property owner/manager owed you a legal duty to keep the premises reasonably safe.
- Breach of duty: The defendant failed to uphold that duty by acting unreasonably or failing to act, such as neglecting to clear dangerous accumulations of snow or ice from a rooftop, ledge, or awning after a reasonable period of time.
- Causation: The defendant’s breach of duty was the direct cause of the falling ice.
- Damages: You suffered actual injuries and losses like medical bills, lost wages, pain and suffering as a result of the incident.
An important factor in these cases is demonstrating that the property owner had actual or constructive notice of the dangerous condition. This means they either knew the ice was there or should have known about it because a reasonable person would have discovered and fixed the hazard.
Proving negligence in a falling ice case often involves gathering evidence such as weather reports, maintenance logs, building inspection reports, and witness testimony. For more information and to secure the help of a skilled legal professional, contact Stathis & Leonardis today.
