In New Jersey, many people choose walking as their preferred transportation method, considered a safer alternative to driving. However, walking also comes with its own unique set of risks. Sidewalks were designed to create a safe passage for vulnerable road users like pedestrians and mitigate the risks of accidents. Sadly, devastating injuries can occur when the appropriate parties fail to ensure well-maintained sidewalks. These accidents commonly occur throughout Long Branch, Freehold, Red Bank, and other communities throughout Monmouth County, where pedestrians rely on sidewalks for safe travel. Injured individuals often wonder who is responsible for their damages in such scenarios. Please continue reading to learn whether you can take legal action against the city for an unsafe sidewalk and discover how a skilled Monmouth County Sidewalk Accident Lawyer can help you fight for the compensation you deserve.
When Can You Sue a City for an Unsafe Sidewalk in New Jersey?
In New Jersey, a pedestrian can sue a municipality for an unsafe sidewalk when the hazardous condition was caused by or known to the municipality responsible for maintaining the sidewalk.
If you have sustained injuries due to dangerous sidewalk conditions on a walkway or property controlled by a city, county, or state agency, you may be eligible to seek damages under the New Jersey Tort Claims Act. However, government entities are offered strict protections that make these cases more complicated than standard personal injury claims.
Generally, to hold a municipality liable for damages, the dangerous condition must meet specific legal standards, and strict filing deadlines must be followed.
Key Elements Required to Sue a Municipality
To successfully file a claim against the government entity responsible for the injuries you have suffered, you must meet all of the following criteria:
- The sidewalk had dangerous conditions like severe cracks, broken concrete, or significant elevation differences
- The city, county, or state agency was responsible for maintaining the sidewalk where the accident occurred
- The government entity knew or should have reasonably known about the dangerous conditions
- The municipality’s failure to repair the condition was “palpably unreasonable,” meaning it posed a serious injury risk
What Constitutes An Unsafe Sidewalk?
When you’re just going about your day, taking a stroll down the sidewalk, in Red Bank, Holmdel, or any community in Monmouth County, you likely don’t anticipate being injured due to hazardous sidewalk conditions. However, dangerous sidewalk conditions are among the most common causes of slip, trip, and fall accidents.
Common Hazardous Sidewalk Conditions
- Weather-related hazards (uncleared snow or ice)
- Debris and obstructions
- Missing sidewalk tiles
- Uneven surfaces
- Protruding tree roots
- Potholes and cracks
- Insufficient lighting
- Inadequate drainage (flooding)
- Construction materials and debris left on sidewalks
- Improperly installed or maintained utility covers or access panels
How Long Do I Have To Take Legal Action in Monmouth County?
Generally, the statute of limitations for personal injury lawsuits is two years. Essentially, this means you will have to file your claim within two years of the date of your accident. Failing to meet this deadline will automatically forfeit your rights to pursue legal action to recover monetary compensation for your damages.
It is imperative to understand that if you were injured on a government-owned property due to an unsafe sidewalk, the fixed deadline for filing your claim will be much shorter. This is because when you take legal action against a government entity, you are required to file a Notice of Claim.
Notice of Claim Requirement for Government Lawsuits
A Notice of Claim must be filed within 90 days of the accident. Failure to file within the timeframe will result in being barred from taking legal action in the future. A Notice must include the following:
- The injured party’s name and contact information
- The date, time, and location of the accident
- A brief description of the accident
- Details regarding injuries and damages
- Information about witnesses or public entities involves
Can You Still Recover Compensation if You Were Partially At Fault?
It’s important to understand that, even if a dangerous condition contributed to your accident, the city can claim that your actions also contributed to the accident. Ultimately, if they can prove their claims, this may reduce your compensation. This is because New Jersey adheres to a modified comparative negligence rule, which impacts the compensation you are eligible to recover.
How Comparative Negligence Works in New Jersey
Under New Jersey law:
- You can recover compensation for damages if you are less than 50% responsible for the accident
- Your compensation will be reduced by your percentage of fault in the accident
- If you are found more than 50% responsible, you will be barred from recovering compensation for the damages you have suffered
Examples of arguments municipalities may claim include:
- You were on your phone at the time of the injury
- The hazard was clearly visible
- You ignored the posted warning signs
- You were wearing unsafe footwear that contributed to the fall
What Should You Do Following a Monmouth County Sidewalk Accident?
Sustaining an injury due to the negligent actions of a government can be incredibly overwhelming. However, remaining calm and collected is imperative to protecting both our health and well-being and your right to file a claim against the negligent party.
Steps to Take After a Sidewalk Injury
- Seek immediate medical attention for injuries, even if they appear minor
- Take photos and videos of the hazardous conditions
- Document conditions like weather and lighting
- Gather the contact information of witnesses
- Inform the municipality of the hazardous condition
- Keep the clothing and footwear for work
Contact an Experienced Monmouth County Personal Injury Attorney
If you’ve been injured on a government-owned property due to unsafe sidewalk conditions, you need a talented Monmouth County sidewalk accident lawyer from Falcon Law Firm on your side. Our legal team is prepared to help you file your claim within the right time frame to ensure you do not relinquish your right to seek monetary compensation for the losses you’ve endured. Contact us today to learn how we can assist you in fighting for the total and fair compensation you are entitled to.
