Split NJ High Court Adopts Ongoing Storm Liability Rule

June 10, 2021

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Law360 (June 10, 2021, 5:32 PM EDT) — A split New Jersey Supreme Court on Thursday adopted the so-called ongoing storm rule that commercial landowners do not have a duty to remove snow or ice while precipitation is still falling, while providing exceptions in cases where owners increase the risk of injury or there is a preexisting danger.

In a 5-2 decision, the state’s highest court overturned a published state appellate opinion last year that rejected the bright-line rule and revived a suit against Princeton International Properties over plaintiff Angel Pareja’s hip-breaking fall on its property during a January 2015 storm.

The majority said it agreed with the premise…

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