New Jersey’s Top Court Just Clarified Snow Removal Liability
The Gallardo v. Walmart decision confirms that commercial property owners generally do not have a duty to clear snow and ice while a storm is still underway. However, the ruling is not a free pass. Whether the ongoing storm rule applies depends on the circumstances, and owners still need disciplined snow-removal procedures, clear documentation, and a prompt post-storm response.
What Happened
On July 30, the Supreme Court of New Jersey issued its opinion in Gallardo v. Walmart, a decision with direct implications for snow removal liability at commercial properties. The plaintiff slipped and fell in a Walmart parking lot during an ongoing storm after several hours of mixed precipitation. At the time of the accident, accumulation was minimal, estimated between a trace and one-tenth of an inch. Walmart’s snow contractor had applied salt to the parking lot during the storm but had not pretreated the lot before precipitation began.
A jury initially found Walmart negligent, and the Appellate Division later ordered a new trial. The New Jersey Supreme Court reversed. It held that applying salt to the minimal accumulation present during an ongoing storm did not create the “unusual circumstances” necessary to trigger an exception to New Jersey’s ongoing storm rule. As a result, Walmart did not have a duty to remove the snow or ice while the storm was still in progress.
Why It Matters
New Jersey’s ongoing storm rule provides that commercial property owners generally do not have a duty to remove snow and ice during a storm. Instead, that duty typically arises within a reasonable period after the storm has ended. Gallardo provides an important clarification: reasonable efforts to improve conditions during a storm by an owner or snow-removal contractor do not necessarily create additional liability while precipitation is still falling.
Property owners and contractors should not be discouraged from salting, treating walkways, or taking other reasonable measures during a storm out of concern that doing so automatically creates additional liability. However, there are limits. The ongoing storm rule contains exceptions, including situations where the owner’s actions increase the risk of injury or where a dangerous condition existed before the storm began. That makes the underlying facts and the records documenting them important. When did the storm begin and end? What were conditions at the property? When did the contractor arrive? What work was performed? What materials were applied? Those questions may determine whether an owner can rely on the ongoing storm rule when a claim is made months or years later.
Where Property Management Comes In
Winter liability is a management issue long before it becomes a legal one. Counsel should review contract language, insurance, and indemnification provisions. Property management is responsible for making sure the operational side is clear and documented: defined service responsibilities, trigger depths, pretreatment requirements, response expectations, and recordkeeping standards. Contractors should maintain service records showing site conditions, arrival and departure times, work performed, and materials applied. If an incident occurs, it should be documented immediately with photographs, weather conditions, location, witness information, and the contractor’s activity at the property. Counsel establishes the legal protections, while property management makes sure the work is performed and the records are there to support them.
What Owners Should Check
- Review snow and ice removal contracts for scope, trigger depths, pretreatment requirements, and response expectations before the season begins.
- Require contractors to maintain service logs with dates, times, site conditions, services performed, and materials applied.
- Confirm contractor insurance certificates and that indemnification obligations are properly addressed in the contract.
- Establish an incident-reporting procedure that captures photographs, weather conditions, exact locations, witness information, contractor activity, and timelines as soon as possible.
- Document significant mid-storm activity rather than relying on contractors to reconstruct it later.
- Schedule post-storm inspections and address remaining snow and ice conditions within a reasonable period after precipitation ends.
Conclusion
Gallardo is a favorable decision for commercial property owners. It reinforces that owners generally are not required to keep a property continuously free of snow and ice while a storm is still occurring, and that reasonable mid-storm measures do not automatically create liability. However, the decision should not be read as a reason to do less. It is a reason to manage winter operations more deliberately. Clear contracts, reliable contractors, timely inspections, and complete records remain among the strongest ways to reduce risk and protect the property.
Greek Management helps owners manage winter operations and property risk across New Jersey and Pennsylvania. Contact Jenna Kronyak at Jenna.Kronyak@greekrep.com or 732-257-7353.