What is New Jersey's ongoing storm rule?
It is the rule that a commercial property owner in New Jersey has no legal duty to clear snow or ice until a reasonable time after the precipitation stops. The New Jersey Supreme Court adopted it in 2021 in Pareja v. Princeton International Properties.
There are two exceptions. A duty can arise during a storm if the owner's own conduct made the hazard worse than the storm itself did, or if a dangerous condition was already there before the storm started, such as old ice from an earlier event or a drain that refreezes in the same spot every time.
The pre-existing hazard exception is the one that matters day to day. It is why clearing the last storm's ice before the next one, fixing drainage that refreezes, and walking the property after an event are worth doing and worth recording.
The rule is about when a legal duty begins, not about how a property should be run. Treating before and during a storm still keeps a site open and makes the cleanup faster. This is general information, not legal advice.
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More on slip-and-fall, liability & insurance
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- Does salting during a storm create liability in New Jersey?
- Does hiring a snow contractor move the liability off the property owner?
- Does the ADA require clearing snow from accessible parking spaces?
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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.