NJ Appellate ruling finds no breach of duty for a parking lot slip and fall while snow is still falling.

Per Oyebola v Wal-Mart, an unpublished NJ Appellate Division case, A-1733-17T4, the Court found no liability upon the store or its snow contractor for plaintiff’s slip and fall during an ONGOING snow storm. Thus, when the facts reveal that : it is snowing before a store opens;  while the store is open; when you arrive at the store in the morning; and it is still snowing as you walk in the parking lot to your car and you slip on accumulated snow between your car and the car parked next to you, then absent other circumstances, there may not be a breach of duty by either the store or the snow removal company. Because, in Oyebola,  the court found that a business has a reasonable time AFTER the snow stopped to clean up.

 

Disclaimer: This blog does NOT establish a client-attorney relationship and shall not be deemed, as legal advice as you need to consult with your legal advisor with any questions or concerns.

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