Falling ice from rooftops and awnings can cause serious and unexpected injuries during New Jersey’s cold winter months. Property owners and building managers have a legal duty to prevent this type of danger, but establishing fault can be complex. Understanding who can be held liable for injuries caused by falling ice is crucial to protecting your legal rights and options after an incident. If you’ve been harmed in a similar situation, do not hesitate to contact an experienced Sussex County premises liability lawyer to obtain legal representation today.

What is Premises Liability in New Jersey?

Premises liability is a legal concept that holds property owners and those in control of a property responsible for accidents and injuries that occur on their premises. In New Jersey, this law requires property owners to maintain a reasonably safe environment for guests and visitors.

If a dangerous condition exists that the owner knew about or should have known about, and they failed to fix or warn people about it, they can be held financially responsible if someone is injured as a result. Essentially, it defines the duty of care property owners owe to people who come onto their land or into their buildings. Property owners and managers must take reasonable care, meaning steps that an ordinary and responsible person would take, to prevent foreseeable hazards and rectify known issues.

What Causes Falling Icicles?

Icicles form when the snow on a roof melts, and the resulting water runs down to the edge. If the gutter or air is colder than the surface of the roof, the runoff water freezes again. This process often happens due to fluctuating temperatures. The water freezes in layers, creating pointed icicles over time. When they get too heavy or the temperature warms enough, they eventually break free and fall.

Who is Liable for Injuries Caused by Falling Ice from a Building in NJ?

When ice falls from a building and injures someone, the person or entity in control of the property is often responsible. This generally includes the property owner or the building manager, as these individuals or entities have a legal obligation to keep their premises reasonably safe.

In New Jersey, liability is generally tied to whether the owner or manager was negligent. Negligence means they failed to take reasonable steps to prevent a known or predictable danger. For example, if large icicles were visible for days and the property owner did nothing to remove them or warn people, they could be held liable.

Your ability to prove liability relies on demonstrating that:

  • The property owner had a duty to maintain the property in a reasonably safe condition
  • They breached that duty by failing to fix or warn about the ice hazard
  • That breach directly caused the injury and resulting damages

Simply owning the property may not be enough for a valid claim. You must be able to show that the owner had actual or constructive knowledge of the dangerous ice buildup and failed to respond appropriately.

For more information and to obtain legal representation, reach out to a skilled attorney at Laddey Clark & Ryan, LLP today.