March 2024 - Limit Exposure to Liability for Winter Storm Damage

The ground hogs may have predicted an early spring, but meteorologists warn that the days ahead still hold a threat of winter weather. Cold, snow and ice can wreak havoc on property and increase the risks for injuries. Here are some tips for limiting your exposure to liability.

Heavy rains, frost/thaw cycles, and ice buildups can weaken trees and cause limbs to break, posing a threat to nearby structures, including houses, cars, and fences. While these damages may be covered by homeowners’ insurance, read your policy or check with your agent to be sure. Also be aware that poor maintenance and/or neglect can affect your coverage. To avoid this:

• Prune trees
• Trim branches and bushes
• Clean out gutters

What if your property is damaged by a downed tree from your neighbor’s yard? In New Jersey, the property owner is responsible for repairing damage to his or her property regardless of whose tree caused the damage.

Snow and ice make for treacherous walking. Clearing paths designed for pedestrian traffic on and around your property helps to decrease the chances of someone slipping and falling. You can be held responsible for injuries to someone who was on your property legally if you are aware of a potential hazard and fail to repair it. If the hazard can’t be repaired or removed immediately, a warning should be posted.

Winter weather can increase the risk of motor vehicle accidents. If you can’t wait until road crews have had a chance to clear the roadways before venturing out, follow some basic safety precautions:

• Check that all headlights, brake lights and turning signals work and that you have sufficient fuel in case of delays.
• Observe reduced speed limits.
• Leave sufficient room between you and the vehicle in front of you for sudden stops.

Accidents can happen to the best of us but when an accident results from reckless driving – speeding, distracted driving, tailgating or any number of offenses – the liability falls on you.

Stay safe!