Recent Decision Benefits Landlords in Snow and ice removal cases

The New Jersey Supreme Court recently issued a favorable decision to landlords regarding snow and ice removal liability between a tenant and a landlord. In Baldwin Shields v. Ramslee Motors, No. A-53, 2020 N.J. LEXIS 17 (Jan. 23, 2020), the isseu before the Court was whether a commercial property owner owed its tenant's invitee a duty to clear snow and ice from the commerical property’s driveway while said property was in the sole possession and control of the tenant. In reversing the Appellate Division's ruling, the Supreme Court held that where a lease specifically sets forth responsibility for removal of ice and snow with tenant, the duty rests solely with the tenant where the tenant maintains complete control over the commercial property.

In Baldwin, the plaintiff slipped and fell on snow and ice when delivering an envelope to the tenant car dealership which leased the property from the landlord. The subpart of note in the lease provided that the “TENANT shall be solely responsible for the maintenance and repair of the land and any structure placed on the premises . . . as if TENANT were the de facto owner of the leased premises.” Per the lease, the landlord reserved the right to enter the premises to make inspections and repairs, as well as “to enter onto the leased premises at any time in the event of an emergency.” The representative of the tenant testified that he was responsible for snow abatement and that he had equipment at the commercial property to carry out that activity. The plaintiff filed a complaint against the tenant and the landlord, and settled with the former. The landlord moved for summary judgment which the trial court granted. Thereafter, the Appellate Division reversed the trial court's disposition, noting that the lease made no specific mention as to who was responsible for snow and ice removal. The Appellate Division found that there was no “distinction between a sidewalk and an open driveway used with regularity,” and further held that the landlord possessed a non-delegable duty to “ensure that the driveway abutting the sidewalk was clear of snow and ice.” The Supreme Court disagreed with the Appellate Division holding that because the lease directly addressed responsibility for removal of snow and ice and imputed that duty on tenant, that the tenant was in complete control over the commercial property and exclusively responsible for the plaintiff’s damages.

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