Liability of Owner (Occupant) residential Who Undertakes to Clear Sidewalk model jury charge CHARGE 5.20

Liability of Owner (Occupant) residential  Who Undertakes to Clear Sidewalk model jury charge  CHARGE 5.20 
The owner (occupant) of residential premises abutting a public sidewalk is not required to keep the sidewalk free from the natural accumulation of ice and

snow. But he/she is liable if, in clearing the sidewalk of ice and snow2, he/she, through his/her negligence, adds a new element of danger or hazard, other than that caused by the natural elements, to the use of the sidewalk by a pedestrian. In other words, while an abutting owner (occupant) is under no duty to clear his sidewalk of ice and snow, he/she may become liable where he/she undertakes to clear the sidewalk and does so in a manner which creates a new element of danger which increases the natural hazard already there.
Therefore, should you find that the defendant, in undertaking to remove the ice and snow from his/her sidewalk, created a new hazard or increased the existing hazard and that this new or increased hazard proximately caused or concurred with the natural hazard to cause plaintiff’s injuries, then you must find for the plaintiff.
Should you find, however, that the defendant did not increase the natural hazard or create a new element of danger which proximately caused or concurred in causing plaintiff’s injuries, you must find for the defendant.
2Liptak v. Frank, 206 N.J. Super. 336 (App. Div. 1985) holding that residential landowners owed no duty to pedestrians, under either common law or municipal ordinance, to remove ice and snow from their abutting sidewalk.

Cases:

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Taggert v. Bouldin, 111 N.J.L. 464, 467 (E. & A. 1933); Saco v. Hall, 1 N.J. 377, 381 (1949); MacGregor v. Tinker Realty Co., 37 N.J. Super. 112, 115 (App. Div. 1955); Gentile v. National Newark and Essex Bkg. Co., 53 N.J. Super. 35, 38 (App. Div. 1958); Seqgal v. Fox, 98 N.J.L. 819 (E. & A. 1923) (existence of a municipal ordinance obligating landowner to clear sidewalk of ice and snow does not create rights in favor of private individual on defendant’s failure to comply with the ordinance); cf. Gellenthin v. J & D. Inc., 35 N.J. 341 (1962).