Falling ice and snow can cause serious injuries during New Jersey’s winter months. If you sustained injuries from falling ice, you may be unsure whether you can file a claim for compensation, who may be held responsible, and how you can best protect your rights. Continue reading for more information and secure the help of an experienced Monmouth County premises liability lawyer today.
How Dangerous Are Falling Icicles?
When snow or ice on a roof or high-up surface melts, the runoff often refreezes as it hits colder air or surfaces. This can cause a dangerous buildup of icicles and sheets of ice that can weigh a significant amount and fall without warning. A falling icicle or ice sheet can cause severe head trauma, broken bones, or even death to anyone below, making them a significant hazard for pedestrians.
Even small pieces of ice can be dangerous when they fall from substantial heights as they build speed and force on the way down. Icicles with sharp points can also cause additional damage. If you’ve sustained this type of injury, it is crucial that you understand your legal rights.
Can I Recover Compensation for Injuries Caused by Falling Ice in NJ?
In New Jersey, property owners owe a duty of care to visitors to maintain reasonably safe premises. This includes taking steps to prevent hazards and fixing dangerous conditions in a reasonable timeframe.
Injuries caused by falling ice generally fall under premises liability law. You can recover compensation for your damages if you can prove that the property owner or manager was negligent in some way and was therefore responsible for the accident.
How Can I Successfully Recover Compensation?
If you are filing a claim or lawsuit against a property owner for injuries sustained on their property, you must demonstrate that the owner or some other party was negligent. Negligence can be established by the following elements:
- The property owner owed you a duty of care and had a legal obligation to maintain a safe environment.
- The owner failed to take reasonable actions to prevent the falling ice hazard, effectively breaching the duty of care.
- The breach of duty was the direct cause of the falling ice and your resulting injury.
- You sustained losses, such as medical bills, lost wages, and pain and suffering.
You may also have to prove that the owner had actual or constructive notice of the dangerous condition. Actual notice means they knew about the risk, like if they had already seen it or received complaints from others. Constructive notice means they should have known about it because the condition existed long enough that a reasonable owner would have discovered and addressed it.
A skilled personal injury attorney can help investigate the circumstances of your situation to establish notice and each element of negligence. For more information and to secure legal representation, reach out to Falcon Law Firm today.
