Does hiring a snow contractor move the liability off the property owner?
Not entirely. Hiring a professional contractor is how an owner meets its duty in practice, and the contract can require the contractor to carry insurance and cover claims caused by its own negligence, but an injured person can still sue the owner.
New Jersey enforces indemnity clauses by their exact wording. In Azurak v. Corporate Property Investors (2003), the New Jersey Supreme Court held that a contract shifts responsibility for the owner's own negligence to a contractor only if it says so unequivocally.
In practice, the protection comes from three things lining up: a contract that says who does what, a certificate of insurance naming every entity that could be sued, and service records showing the work was done. This is general information, not legal advice.
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More on slip-and-fall, liability & insurance
- What should I do if someone slips and falls on ice at my property?
- How long should I keep snow removal records?
- What should a snow contractor's certificate of insurance show?
- Is an HOA liable for a fall on the public sidewalk outside the community?
- What is New Jersey's ongoing storm rule?
- Does salting during a storm create liability in New Jersey?
- Does the ADA require clearing snow from accessible parking spaces?
- Does OSHA require employers to clear snow and ice?
From JRW Services LLC, commercial snow and ice management across Sussex, Passaic, Bergen, Morris and Warren counties, NJ. All answers
Need this handled at your property?
Call (973) 459-0074 or send the form, and we will walk the site and put it in writing before the first storm.