If you’ve suffered an injury due to a defective or hazardous sidewalk in New Jersey, you might be entitled to pursue compensation. However, a successful case hinges on establishing which party was legally responsible for the sidewalk’s upkeep and proving that their negligence resulted in the dangerous condition that caused your damages. Please continue reading to learn about New Jersey’s premises liability laws and how our skilled ​​Union County Slip and Fall Lawyers will fight for you. 

What is Considered a “Defective” Sidewalk?

First and foremost, it’s crucial to understand that a sidewalk defect in New Jersey can include any condition that deviates from a safe, reasonably maintained walkway. Property owners have a duty to inspect and repair such defects to prevent harm. Common sidewalk defects include: 

  • Broken, raised, or uneven concrete surfaces
  • Cracks, depressions, or potholes
  • Poor lighting 
  • Ice or snow accumulation
  • Tree root uplift 
  • Proturding hardware 
  • Improper slope/drainage

Who is Responsible for Sidewalk Maintenance? 

Liability for sidewalk injuries is based on the specific location and unique circumstances of the accident. Generally, commercial property owners are responsible for maintaining adjacent sidewalks, which includes conducting routine inspections and necessary repairs. Failure to meet this duty often results in legal accountability for injuries caused by their negligence. 

Residential property owners typically face less liability than commercial property owners. However, this depends on local regulations and the specific circumstances of the incident, meaning there are exceptions where they can be held accountable for a defective or hazardous sidewalk. 

Furthermore, municipalities may be responsible for maintaining public sidewalks. If this is the case, these claims must adhere to strict procedural rules, which include meeting shorter deadlines and complying with unique notice requirements. 

What Do You Need to Prove?

For a successful premises liability claim in New Jersey, you must establish negligence. This requires proving that the party responsible for the premises had a duty of care to ensure the safety of visitors like yourself. You must demonstrate that a defective or dangerous condition existed on the property. Then you must show that the responsible party was aware of the hazardous condition or, through reasonable inspection, should have been aware of it. Additionally, you must prove they failed to take appropriate action, such as repairing the defect or providing a clear warning. 

The final element in a successful premises liability claim is establishing the link between the dangerous condition and the injury you sustained. This means the defect must have been the direct cause of your accident and subsequent injuries. Finally, you must provide evidence of the damages you suffered as a result. 

At Lee Law Firm, LLC, we are prepared to help protect your right to compensation. Connect with our firm today to schedule your free initial consultation.