Who is responsible for clearing the sidewalk in front of a business in NJ?
The commercial property owner. New Jersey courts have held since Stewart v. 104 Wallace Street, 87 N.J. 146 (1981) that a commercial owner owes a duty to keep the public sidewalk alongside the property reasonably safe, and most town ordinances also require the owner or occupant to clear it.
Residential property is treated differently. In Luchejko v. City of Hoboken, 207 N.J. 191 (2011), a residential condominium association was held not liable for a fall on its abutting public sidewalk.
The town ordinance is a separate obligation from the liability rule. It sets the deadline and the fine, and it applies whatever a court would say about a fall.
This is general information, not legal advice. For a specific property or claim, ask your attorney.
Go deeper
More on sidewalks & nj town rules
- How long do I have to clear my sidewalk after it snows in New Jersey?
- Can my town fine me for not clearing the sidewalk?
- Can my plow contractor push snow into the street?
- Is rock salt banned on sidewalks anywhere in New Jersey?
- Who is responsible for snow removal at a commercial property, the landlord or the tenant?
- Do I need a permit to plow or haul snow in New Jersey?
From JRW Services LLC, commercial snow and ice management across Sussex, Passaic, Bergen, Morris and Warren counties, NJ. All answers
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Call (973) 459-0074 or send the form, and we will walk the site and put it in writing before the first storm.