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Can You Sue a Business After Slipping on Ice in the Parking Lot?

Premises Liability Slip And Fall
October 17, 2025
By
Lee Law Firm, LLC

Winter weather in New Jersey can create dangerous conditions for anyone walking through a parking lot. When snow and ice accumulate, a simple errand can turn into a serious injury. If you’ve slipped and fallen on ice outside a business, you may be wondering: can I sue the business for my injuries? The answer depends on whether the business or the property owner  failed to take reasonable steps to keep the area safe for customers and visitors.

Slip and fall cases involving snow and ice can be complex. Liability often depends on local ordinances, property maintenance contracts, and the specific actions the business took (or failed to take) to prevent the accident. Here’s what you should know if you were hurt after slipping on ice in a New Jersey parking lot.

When Businesses Are Responsible for Ice-Related Falls

Under New Jersey premises liability law, businesses have a legal duty to maintain their property in a reasonably safe condition for visitors. That duty extends to parking lots, sidewalks, and entrances where customers are expected to walk. If a business ignores icy conditions, fails to clear snow, or neglects to apply salt or sand, it can be held liable for resulting injuries.

For example, if a snowstorm ends overnight and a business opens in the morning without addressing the ice in its parking lot, customers who fall on that ice may have a valid personal injury claim. The same applies when a business relies on a maintenance company that fails to perform its job properly; the business may still share in the responsibility for your accident.

To hold a business accountable, you must show that it was negligent. This typically means proving that:

  • The business or property owner had a duty to keep the area reasonably safe.
  • They knew, or should have known, about the icy condition.
  • They failed to take reasonable steps to fix or warn about the hazard.
  • Their negligence directly caused your injuries and damages.

These elements are the foundation of a successful slip and fall case and gathering evidence quickly is essential.

Evidence That Can Strengthen Your Case

After a fall, your priority should be getting medical attention, but if possible, it’s important to document the scene before conditions change. Snow and ice can melt quickly, and a property owner may try to remove or alter the area after an accident.

Key evidence in an icy parking lot case can include:

  • Photographs or video of the icy area, showing the lack of salt, sand, or signs.
  • Witness statements from anyone who saw the fall or noticed the unsafe conditions.
  • Weather reports confirming recent snow or freezing temperatures.
  • Maintenance records or contracts showing when the lot was last cleared.
  • Security footage from the business, which often captures both the accident and the conditions leading up to it.

Your attorney can also send a preservation letter to the business or property owner, requiring them to retain any video evidence or maintenance logs related to your fall.

When the Property Owner or Maintenance Company Is Liable

In many shopping centers or office parks, the business you visited may not actually own the parking lot. Instead, a landlord or property management company might be responsible for maintaining it. In these cases, the property owner’s negligence, not necessarily the tenant’s, may be the cause of the unsafe conditions.

Sometimes, a separate snow removal contractor is hired to clear the parking lot. If that contractor fails to perform their duties properly, they too may share liability for your injuries. An experienced attorney will investigate maintenance contracts and lease agreements to determine all potentially responsible parties.

If multiple parties contributed to the unsafe condition, they can each be held partially liable for your damages. This is important because it increases the likelihood of full financial recovery, even if one party’s insurance coverage is limited.

Comparative Negligence in New Jersey Slip and Fall Cases

New Jersey follows a legal principle called comparative negligence. This means that even if you were partially at fault for the accident, for example, if you were looking at your phone or wearing shoes without traction, you can still recover compensation as long as you were not more than 50% responsible.

However, your total recovery will be reduced by your percentage of fault. For instance, if you were awarded $100,000 but found 20% responsible, your compensation would be reduced to $80,000. That’s why it’s crucial to have a lawyer who can effectively counter arguments that try to place blame on you instead of the property owner.

Types of Compensation You May Be Entitled To

If your claim is successful, you may be entitled to recover a range of damages, including:

  • Medical expenses – Emergency room visits, surgery, physical therapy, and follow-up care.
  • Lost wages – Compensation for time missed from work due to your injuries.
  • Loss of earning capacity – If your injuries limit your ability to work in the future.
  • Pain and suffering – For the physical pain and emotional distress caused by the fall.
  • Out-of-pocket costs – Such as transportation to medical appointments or assistive devices.

In serious cases, especially those involving long-term disability or permanent injury, your attorney may also work with medical and financial experts to project your future losses and ensure you receive full compensation.

How an Attorney Can Help After a Fall on Ice

Slip and fall cases involving ice require careful investigation and strong legal strategy. A skilled slip and fall attorney can help you by:

  • Determining whether the business, property owner, or maintenance contractor was responsible.
  • Gathering and preserving evidence before it disappears.
  • Negotiating with insurance companies for a fair settlement.
  • Filing a lawsuit if the business refuses to take responsibility.

Because every property is managed differently, it’s critical to work with a lawyer who understands how New Jersey law applies to winter slip and fall accidents. Prompt legal action can make the difference between recovering your losses and being left with costly medical bills.

Get Legal Help After a Slip and Fall on Ice

If you’ve been injured after slipping on ice in a parking lot, don’t assume it was “just an accident.” Businesses and property owners have a legal obligation to keep their premises safe. At Lee Law Firm, we fight for people who’ve been hurt by preventable winter hazards and unsafe property conditions. To learn how we can help with your claim, contact us today for a free consultation. We’ll review your case, identify who’s responsible, and help you pursue the compensation you deserve.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

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