In a recent opinion, the Appellate Division set forth that a commercial landowner’s duty to clear snow and ice from sidewalks may arise during a snowing event which contrasts with its previous application of the "ongoing storm rule". Under the "ongoing storm rule", the commercial landlord's duty would not begin until the snow ceases falling.

In ANGEL ALBERTO PAREJA v. PRINCETON INTERNATIONAL PROPERTIES, et al., A-2111-18T3, the Appellate Division, in an opinion a published April 9, 2020, reversed a trial court's award of judgment to a defendant commercial landlord sued by the plaintiff pedestrian who slipped on an icy sidewalk during an ongoing sleet event and was injured. The Court held that a commercial landlord had a duty to take reasonable steps to render a public walkway. abutting its property, safe, even while precipitation is continuing. This would go against the aforementioned "ongoing storm rule."

The Appellate Division intimated that the rule "ongoing storm rule" was misapplied broadly in the past. It further intimated that the rule, applied in a blanket manner, ignored situations when it would be reasonable for a commercial landlord to take action to render sidewalks safe during a storm.

To further discuss the importance of this holding and how it applies to your potential slip and fall case, contact us.