When you are injured on a public sidewalk in Monmouth County, or anywhere in New Jersey, determining liability can be incredibly complicated. However, when the sidewalk you are hurt on is owned or managed by a municipality, the process can become even more complicated. This is due, in part, to the fact that filing a tort claim against a government entity is materially different from traditional personal injury claims. As such, if you are unsure how to proceed, the following blogger explores what you should know about these complicated matters, and the importance of contacting a Monmouth County slip and fall lawyer from our firm to help you figure out the best path forward.
When Can the City Be Sued for Accidents on Public Sidewalks?
Public sidewalks, meaning those that are controlled and maintained by the state, county, or city, are legally distinct from those maintained by private property owners. As such, if you are injured on a public sidewalk, the process of filing a claim against the city is drastically different, as government entities have additional protections under the law.
Under the New Jersey Tort Claims Act, a government entity may face liability for dangerous conditions that result in injuries. However, strict legal requirements must be met to bring forth a valid claim.
Key Elements for Municipality Liability
In order to hold a state, county, or city liable for the damages you suffered, all of the following must be true:
- The sidewalk was inherently dangerous, such as having severe cracks, uneven pavement, or broken slabs
- The government entity controlled or maintained the sidewalk and, therefore, was responsible for remedying the condition
- The condition caused your fall
- The government entity knew or should have known about the dangerous condition
- The entity’s failure to fix the hazard was palpably unreasonable given the circumstances
Common Sidewalk Conditions That Lead to Municipal Liability
It’s important to understand that not every defect in a sidewalk will result in legal liability. However, certain hazards are more likely to qualify as “dangerous conditions” in accordance with New Jersey law whe nthey pose a considerable risk to pedestrians.
Types of Dangerous Public Sidewalk Conditions
- Uncleared snow or ice
- Loose debris or material on the walkways
- Unrepaired construction work
- Severely uneven pavement caused by tree roots
- Poor draining
- Broken or crumbling concrete
- Large cracks or missing slabs
- Improperly placed utility panels or access covers
How Long Do I Have to File a Claim in Monmouth County?
While many may be familiar with the personal injury statute of limitations that requires all lawsuits stemming from personal injuries to be filed within 2 years from the date on which the accident occurred, this does not apply to claims filed against a government entity. In order to bring a claim, you must first file a Notice of Claim with the entity responsible for the injuries.
Notice of Claim Requirement
Before you can file a lawsuit against a government entity, you must first file a Notice of Claim with the entity within 90 days of the accident. This is a formal notice that tells the government entity that you plan to seek compensation for the damages you’ve suffered. If you do not file this claim first, you will be unable to raise a claim in accordance with the New Jersey Tort Claims Act. This document must include:
- Your name and contact information
- The date, time, and location of the accident
- A brief description of how the event occurred
- Details of the injuries and subsequent damages suffered
- Name of witnesses or any involved public entities
Failure to file a claim on time can result in the entity being granted sovereign immunity and your lawsuit being permanently barred.
Statute of Limitations for Lawsuits
After filing the Notice of Claim within the required 90 days, you’ll find that you have two years from the date on which the injury occurred to bring a lawsuit forward in accordance with New Jersey’s personal injury statute of limitations.
Can I Be Blamed for My Own Injuries From Public Sidewalks?
Yes. Unfortunately, even if dangerous sidewalk conditions contributed to your fall and subsequent injuries, the city may argue that your actions played a role in the accident. Because New Jersey adheres to the modified comparative negligence statute, this will ultimately impact how much compensation you are eligible to recover.
How Comparative Negligence Works in New Jersey
- You can recover compensation if you are found 50% or less at fault for your injuries
- If you are found partially responsible, your damages will be reduced by your percentage of fault
- If you are found to be more than 50% at fault, you will be barred from recovering compensation
Examples of Arguments a City May Raise
- You were distracted by a phone or not watching where you were walking
- You ignored visible warnings
- You chose to walk through a hazardous area
- You were wearing unsafe footwear
What Types of Damages are Available?
The damages you are generally able to recover in a slip-and-fall accident on a public sidewalk are typically compensatory, but your exact compensation will depend on the entity and the negligence established in accordance with New Jersey law.
Possible Recoverable Damages
In the event you bring forth a successful lawsuit against the city, you may be able to recover:
- Current and future medical expenses
- Lost wages if you must take time off from work
- Reduced earning capacity
- Property damage (if personal property was damaged in the fall)
- Pain and suffering, emotional distress, and loss of enjoyment of life
What to Do Immediately After a Monmouth County Slip and Fall
The actions you take in the immediate aftermath of a slip and fall on a government-owned sidewalk can drastically impact the outcome of your claim.
Step-by-Step Actions
- Seek immediate medical care, even if you feel okay or injuries seem minor
- Collect contact information for witnesses
- Take photos and videos of the hazardous conditions
- Report the incident to the correct government entity in writing
- Contact a personal injury attorney
Our Monmouth County Personal Injury Law Firm Can Help
Navigating any lawsuit following an injury can be incredibly difficult, as you may be juggling medical bills, lost wages, and complicated paperwork. That is why working with the team at Falcon Law Firm is in your best interest. We understand how complicated these matters can be, which is why we will do everything in our power to help you recover the compensation you deserve. Contact us today to learn more about your legal options.
