Now that the winter season is approaching, it is important to start being cautious of snow and ice again. These weather conditions can prove to be very dangerous, causing severe accidents and injuries. While sometimes, these accidents can be avoided, they can also sometimes be caused due to the negligence of another party. When this happens, it is crucial to retain the services of an experienced attorney for assistance with your case.
Common Causes of Snow and Ice Accidents
There are several different ways that a snow or ice accident may occur in the state of New Jersey. This can include the following circumstances:
- Walkways left uncleared past the legally acceptable window of time
- Failure to properly salt steps and walkways
- Icy handrails
- Failure to remove any hanging icicles
- Leaks left unaddressed
Who is Liable?
All property owners in the state of New Jersey have a legal obligation to maintain their grounds so that others cannot become harmed by poor conditions. This involves cleaning the snow and ice off the sidewalk adjoining their property during the winter within a reasonable period of time, New Jersey offers property owners four to eight hours after a snowfall to clean up their sidewalk. If they fail to do so and a person becomes harmed outside of this window of time, the property owner may be held liable for negligence.
After establishing liability, an injured person usually wants to pursue legal action against them. This can be done with a personal injury lawsuit to prove the property owner was, in fact, negligent. To accomplish this, the injured party must show the property owner knew, or should have known about, the hazard that caused their injuries. This can be done with evidence such as medical documentation, pictures of the hazard, and witnesses. This process can be difficult, which is why it is important to have an experienced attorney for assistance. If successful, the injured party may be able to recover compensation for any expenses that stem from the accident.
Statute of Limitations
It is important to not wait too long to file a personal injury claim after becoming injured in an accident. This is because a statute of limitations is in place, providing a deadline to file the claim. If the injured party does not meet this deadline, they may lose their opportunity to do so. In New Jersey, the statute of limitations for personal injury cases is two years from the date of the injury.
Contact our Firm
If you or someone you know sustained an injury in a personal injury accident and wishes to speak with a skilled attorney, contact The Law Office of Roosevelt Nesmith today.