Winter Storm Liability For Businesses And Property Owners

Winter Storm Liability For Businesses And Property Owners

Winter weather tests premises safety in a way that ordinary operations do not. Snow, ice, melt, and refreeze change conditions hour by hour. New Jersey law does not relax the standard of care because a storm is inconvenient. It measures what a prudent commercial owner or operator did in view of the conditions, the volume of visitors, and the predictability of hazards. The analysis turns on control of the area, notice of the condition, timing of the response, and the paper record that shows what was done.

The Core Duty After Snow And Ice

New Jersey imposes a duty on commercial owners and occupiers to maintain abutting sidewalks and areas under their control in reasonably safe condition. That principle traces to Stewart v. 104 Wallace Street, where the Supreme Court recognized that businesses benefit from public access and must act with reasonable care when winter hazards arise. Residential owners are treated differently in most sidewalk cases, but the line is not the only question. Courts focus on who controlled the location of the fall and who had the ability to treat it. In a shopping center or office park, that often means the landlord handles common areas while each tenant remains responsible at its threshold and within its suite. Where control overlaps, liability can overlap.

The Ongoing Storm Rule And What It Really Means

In Pareja v. Princeton International Properties, the Supreme Court explained that a commercial landowner is generally not required to remove snow or ice while precipitation is still falling. The rule is not a free pass. It recognizes that treatment during active precipitation may be ineffective, yet it also identifies exceptions where conditions present a clear and unreasonable risk that calls for action. Courts look at factors such as unusual entrance conditions, prior knowledge of a recurring hazard, or limited measures that could reduce risk without requiring full cleanup during the storm. Once the storm stops, reasonable and timely treatment is expected. Reasonableness is measured against the severity of the storm, available resources, and the foreseeability of pedestrian traffic.

The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are maintained in reasonably good condition… [and to] take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.

Sidewalks, Parking Areas, And Shared Control

Sidewalks and exterior paths are only part of the analysis. Parking lots, curb cuts, cart corrals, loading zones, and the first few feet inside the door are frequent claim locations. Melt and refreeze at curb ramps create thin ice that looks like wet concrete. Door mats that are saturated become slip sheets. A prudent plan treats exterior operations and interior transitions as one system. That plan addresses when plowing starts, when salting or sanding follows, how entrances are kept dry, and how employees document each step. Where a landlord retains a contractor for common areas, tenants should still monitor their own storefronts and interior floors. A tenant that creates a condition by queueing customers outside or by placing displays near the entrance cannot hide behind the landlord’s general maintenance obligations.

A residential owner who undertakes to clear a sidewalk is not liable “unless through [the owner’s] negligence a new element of danger or hazard, other than one caused by natural forces, [was] added to the safe use of the sidewalk by a pedestrian.” Refreeze of melting snow is not a new hazard beyond natural forces.

Vendors, Logs, And Proof That Work Was Done

Contractors matter only if their work can be proven. Courts want more than a vendor name. They expect service logs, time stamped treatment records, load slips for salt or brine, and photographs that show conditions before and after application. The same is true for in house crews. A winter notebook with handwritten entries is better than silence, and a digital log tied to weather data is better still. If you rely on a snow and ice contractor, require written scope that states trigger depths, pre treatment protocols, and return visits after refreeze. Require certificates of insurance with additional insured endorsements and keep copies of the endorsements themselves, not just the certificates. When a claim is tendered in January, these documents decide who defends and who pays while the facts are sorted out.

Notice, Inspection, And Response

The standard of care is built on notice and response. Constructive notice arises when a condition exists long enough or occurs so regularly that a reasonable owner would have found and treated it. Winter creates recurring patterns. Roof drains freeze and discharge across walkways. Canopies drip at the same joints. Plowed piles at the edge of a lot melt across travel paths every afternoon and refreeze at dusk. Reasonable care means scheduled inspections that match these patterns, prompt treatment when hazards are found, and temporary barriers or warnings where treatment cannot be completed at once. The record should show who inspected, when, what was found, what was done, and when the area was checked again.

Landlord And Tenant Allocation In Leases

Commercial leases often assign snow and ice duties to the landlord through common area maintenance while placing interior and threshold obligations on the tenant. The lease should be read before trouble starts. If the landlord controls the lot and sidewalks, the tenant should confirm service standards and reporting lines for urgent conditions. If the tenant retains control over areas beyond its door for queueing or seasonal displays, that control should be matched with clear duties and additional insured status under the tenant’s policy. When an incident occurs, both sides should give notice under the lease and to their insurers so rights are preserved and tenders are timely.

Incident Response And Evidence Preservation

When a fall happens, medical care comes first, then preservation. Photograph the area from multiple angles before treatment changes the scene. Capture the surface, lighting, nearby downspouts, mats, signs, and any melt lines from nearby piles. Identify witnesses and record contact information. Pull video immediately, since many systems overwrite in days. Save vendor logs, weather data for the site, and internal inspection records for the relevant window before and after the incident. Issue a written hold that suspends routine deletion for video, radio traffic, text threads, and maintenance systems. Courts draw adverse inferences when winter evidence goes missing after a duty to preserve attaches.

Insurance And Risk Transfer That Works

General liability coverage answers most bodily injury claims, but winter highlights the importance of endorsements and tender practice. Verify that snow and ice contractors list the owner and any master tenant as additional insureds on a primary and noncontributory basis, and that completed operations is included where required. Obtain waivers of subrogation where the lease calls for them. When a claim arrives, tender to all potentially responsible carriers with the contract and endorsements attached. Early tenders reduce defense cost fights and let the parties address the merits.

What Litigation Looks Like In Practice

Plaintiffs frame winter cases as failures of planning and supervision. Discovery asks for contracts, service logs, weather records, inspection schedules, staffing assignments, and video. Experts compare the response to industry standards and to the site’s own plan. The ongoing storm rule is raised, but the outcome often turns on timing. If the storm ended at dawn and the fall occurred mid afternoon with clear foot traffic, juries expect proof of treatment and inspection during that interval. A strong defense shows a plan built for the property, activity that matched the plan, and records that tie both to the time of the fall.

Conclusion

Treat winter as a defined operation with a written plan, trained personnel, and a record that can be shown to a judge or jury. Read the lease and align duties with control. Retain qualified vendors with clear scope and the right insurance. Inspect on a schedule that reflects melt and refreeze, not just snowfall. Document every treatment. Preserve video and logs when an incident occurs. This approach reduces injuries and places owners and operators in the strongest position if a claim is filed.

For more information about your legal rights or to schedule a consultation, please contact the Law Offices of Peter J. Lamont at www.pjlesq.com, call 201-904-2211, or email info@pjlesq.com.

Contact us today to discuss your business or legal matter. Put our 20+ years of legal experience to work for you.

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For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at  info@pjlesq.com.

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About Peter J. Lamont, Esq.

Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.

Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.

As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals​.

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