NJ Court Rules Homeowners Not Liable for Slip on Icy Sidewalk During Renovation

Are homeowners liable for slips and falls outside their home when the house is unoccupied? A recent ruling says no.

A New Jersey appeals court has confirmed that homeowners are not responsible for a pedestrian slipping on the icy sidewalk in front of their house while the property was undergoing renovations. The case centered on whether the homeowners could be held liable for a fall occurring outside their property, even though the house was unoccupied and still being renovated.

The lawsuit arose from a situation in which a person slipped on the sidewalk in the early morning hours of February 18, 2021. They suffered a broken ankle, required surgery, and received medical treatment at two separate healthcare facilities following the incident.

In court, the plaintiff argued that the homeowners should be held to the same standards as commercial property owners, who are legally required to maintain safe sidewalks for pedestrians. The plaintiff claimed that the homeowners’ failure to properly clear snow and ice contributed to the hazardous conditions.

However, under long-standing New Jersey law, homeowners generally are not liable for injuries caused by snow or ice on public sidewalks unless their actions create a more dangerous condition than naturally exists.

The Morris County Superior Court initially ruled in favor of the homeowners, finding no legal basis to hold them responsible and dismissing the case. The decision was later upheld by the Appellate Division, which emphasized that the property was a private residence and that homeowners have no statutory duty to clear sidewalks in such circumstances.

At the time of the fall, the house was unoccupied, as the homeowners had purchased it a few months earlier and were still completing renovations. They testified that they complied with local snow removal regulations and regularly applied rock salt after shoveling the sidewalk, even though they had not yet moved in.

The plaintiff argued that the homeowners had made the sidewalk more hazardous by leaving behind packed, slippery snow and ice without sufficient salt or sand. The court, however, found no credible evidence that the homeowners had created a new hazard.

Judges concluded that the homeowners had acted in accordance with local snow removal rules and had not made the sidewalk unsafe beyond normal winter conditions.

Based on these findings, the appellate court dismissed the case, reinforcing the principle that private homeowners generally do not have the same legal obligations as businesses regarding sidewalk maintenance.

This ruling serves as a reminder that in New Jersey, private homeowners are typically shielded from liability for injuries caused by natural winter conditions on public sidewalks adjacent to their property.

Contact a New Jersey Personal Injury Lawyer Today   

Slips and falls can be serious accidents, but the law is not always clear on liability. Homeowners are not always to blame, as seen in this case.

If you are in this situation, a Morristown slip & fall attorney from The Law Offices of Michael P. Burakoff can assist you. We have more than 40 years of experience recovering compensation for slip and fall injury victims and their families in towns across New Jersey. To schedule a consultation, fill out the online form or call (973) 455-1567.

Source:

nj.com/morris/2025/07/renovating-your-nj-home-youre-not-liable-for-sidewalk-falls-court-says.html