Injury from snow falling off building roof

[sylvie38]

What is the name of your state (only U.S. law)? New jersey

Today I was walking in front of the building where I own a business going to another store, as I was walking a large amount of snow slid from the roof and awning hitting the back of my head and neck. My neck and shoulder hurt a lot and I will be going to the dr tomorrow...can I hold the building owner responsible for any medical bills?

Thank you!What is the name of your state (only U.S. law)?

 

[Just Blue]

What is the name of your state (only U.S. law)? New jersey

Today I was walking in front of the building where I own a business going to another store, as I was walking a large amount of snow slid from the roof and awning hitting the back of my head and neck. My neck and shoulder hurt a lot and I will be going to the dr tomorrow...can I hold the building owner responsible for any medical bills?

Thank you!What is the name of your state (only U.S. law)?

Is it the owners fault it snowed?

 

[ecmst12]

Property owners are responsible for clearing snow from their sidewalks, NOT from their roofs.

 

[sylvie38]

The management company was notified, this is not the first time someone was injured from snow coming off the roof/ awning....it's not very difficult for them to simply knock it off the main awnings before it hurts someone. I'm not looking to sue but just like the poorly maintained icy parking lot this could be avoided. There are areas of the building which would be unrealistic for anyone to remove the snow, this is not one of those areas...with a simple ladder and large broom and a little effort this wouldn't have to happen everytime it snows. I am simply requesting information not sarcasm, if that is all you have to offer then you are clearly on the wrong site.

 

[InsaneJane]

Somebody owns the property - someone has liability and should have insurance.
Make sure they are notified and inturn notify you med ins carrier.

Hope it's only a temporary thing.

 

[Willlyjo]

The management company was notified, this is not the first time someone was injured from snow coming off the roof/ awning....it's not very difficult for them to simply knock it off the main awnings before it hurts someone. I'm not looking to sue but just like the poorly maintained icy parking lot this could be avoided. There are areas of the building which would be unrealistic for anyone to remove the snow, this is not one of those areas...with a simple ladder and large broom and a little effort this wouldn't have to happen everytime it snows. I am simply requesting information not sarcasm, if that is all you have to offer then you are clearly on the wrong site.

Insane Jane is right--let the owner of the building decide if he is liable for your injury and medical bills. This is not an act of God as some arrogant and sarcastic people would believe.

As you said, " this is not the first time someone was injured from snow coming off the roof/awning..." therefore, it is a documented safety hazard. At the least, nobody in this thread can say one way or the other if you can be compensated for your injury.

If the owner don't see it your way, a lawyer might.

 

[stealth2]

Was your town still under a snow emergency? Ours was - so you may be considered at fault for being out and about.

 

[sylvie38]

There was no longer a snow emergency in town, and I own a business in the building. I am going to the dr that is also in the building see if I can get this taken care of with ease, today I can say my neck is not as bad it's just my shoulder that's out so I'm sure it's not a big issue....however today they had people here clearing the snow off of the areas in question. That you to those who had helpful advise have a very happy new year!!!

 

[Mass_Shyster]

Massachusetts recently made landowners liable for injuries caused by naturally occurring snow accumulations in Papadopoulos v. Target Corp, 457 Mass. 368, 930 NE 2d 142 (2010)

I know NJ is almost as nutty as Mass when it comes to court cases. Maybe they will follow suit.

 

[Just Blue]

Massachusetts recently made landowners liable for injuries caused by naturally occurring snow accumulations in Papadopoulos v. Target Corp, 457 Mass. 368, 930 NE 2d 142 (2010)

I know NJ is almost as nutty as Mass when it comes to court cases. Maybe they will follow suit.

Boston, Lynn and Worcester have enacted law to force property owners to SHOVEL THEIR SIDEWALKS within a reasonable time-frame after snowfall ends.

Try walking on a Boston, Lynn or Worcester Main Street when ignorant people do not bother to shovel or sand their sidewalks. You are "forced" into a busy road to "safely" walk. It is a NOT "nutty" court case.

 

[Mass_Shyster]

Boston, Lynn and Worcester have enacted law to force property owners to SHOVEL THEIR SIDEWALKS within a reasonable time-frame after snowfall ends.

Try walking on a Boston, Lynn or Worcester Main Street when ignorant people do not bother to shovel or sand their sidewalks. You are "forced" into a busy road to "safely" walk. It is a NOT "nutty" court case.

Worcester has also taken to fining people whose sidewalks were taken long ago by the state through eminent domain. There's a stream between these people's houses and the sidewalk. The nearest bridge is about a half mile away.

Also, the sidewalk in front of my house is on town land, yet I am also subject to a fine for not clearing the town's snow.

 

[Just Blue]

Worcester has also taken to fining people whose sidewalks were taken long ago by the state through eminent domain. There's a stream between these people's houses and the sidewalk. The nearest bridge is about a half mile away.

Also, the sidewalk in front of my house is on town land, yet I am also subject to a fine for not clearing the town's snow.

It is just common courtesy to shovel in front of your home or business. My parent (in one of the above named cities) did this even though they didn't "own" the sidewalk.

I do NOT think "shoveling" your roof is covered by a "moral" code. Certainly it isn't covered by legal code.

OP can consult with an attorney or submit his medical bills to his insurance and see how the wind blows.

 

[latigo]

Property owners are responsible for clearing snow from their sidewalks, NOT from their roofs.

Then I suppose it is also your "considered opinion" that if on December 12, 2010 there had been an event underway at the Hubert H. Humphrey Metronome when the roof collapsed from excessive snow accumulation that the Metropolitan Sports Facilities Commission (MSFC), owner and operator of the sports facility, would NOT under any set of circumstances be held civilly liable for resulting injuries or death to players, officials, employees and spectators! (Not to mention criminal liability.)

Please get off of it you pretentious quack! And if you refuse to get off and to continue quacking with your ill-informed guesswork, at least have the decency to warn the OP that you wouldn’t recognize “Dobb’s Law of Torts” if a volume slid off of a roof and hit you on the noggin!

For your information there is ample case law in this country holding the building owner responsible for personal injuries and property damage due to the negligent failure to remove accumulations of ice and snow from eves and rooftops.

You might take time out from you vicious attacks on one of our treasured three branches of government that you find so detestable and try reading some of them.

For starters try on these very early decisions: Smithhurst vs. Independent Congregational Church and Cavanaugh vs. Block both out Massachusetts); or Hannen vs. Spence a Minnesota case and Garland vs. Towne New Hampshire or Hillard vs. Noe Missouri.

 

[Zigner]

For your information there is ample case law in this country holding the building owner responsible for personal injuries and property damage due to the negligent failure to remove accumulations of ice and snow from eves and rooftops.

Ahhh, there's the rub, huh? Proving negligence...

 

[justalayman]

Ahhh, there's the rub, huh? Proving negligence...

well, there is this.

The management company was notified, this is not the first time someone was injured from snow coming off the roof/ awning.