A fall on a cracked, uneven, or poorly maintained sidewalk can lead to serious injuries and unexpected medical expenses. If you sustained injuries due to a defective sidewalk in New Jersey, you may be wondering who is liable and how to pursue compensation. Responsibility in these cases can be complex, often depending on who owns or maintains the property and whether proper notice was given. Continue reading for more information and consult with an experienced Monmouth County sidewalk accident lawyer today.
What Makes a Sidewalk Defective?
A sidewalk is considered defective or unsafe when its condition poses an unreasonable risk of harm to pedestrians. These defects can arise from neglect, improper construction, or natural wear and tear. Consider the following:
- Uneven surfaces: One of the most frequent causes of falls, this occurs when sections of the concrete are misaligned, often due to tree roots growing underneath or settling soil. A difference in height of just half an inch can be enough to catch a pedestrian’s foot.
- Cracks and gaps: Wide or deep cracks and large gaps between sidewalk panels can trap feet, canes, or crutches, leading to a sudden loss of balance.
- Missing sections or potholes: Areas where pavement is entirely missing or large, deep depressions have formed can be significant hazards, especially in poor lighting or when covered by
- debris.
Poor maintenance: This includes damage caused by unremoved snow and ice, or foreign objects like construction debris, thick layers of fallen leaves, or standing water that conceals other defects. - Sloping or buckled pavement: Severe sloping that exceeds safety standards or buckling caused by external pressures can make walking unstable and dangerous.
Minor imperfections like hairline cracks are generally not considered defects that warrant a legal claim. The condition must be significant enough to cause injury and have existed long enough that the responsible parties should have addressed it.
Who is Liable if a Defective Sidewalk Caused My Injuries in NJ?
Responsibility for sidewalk accidents in New Jersey often depends on the location and type of property adjacent to the sidewalk. Generally, the following entities may be held liable:
- Adjacent commercial property owners: The most common rule under NJ law is that commercial property owners, like businesses and apartment complexes, are generally liable for injuries sustained due to poorly maintained sidewalks adjoining their property. They have an affirmative duty to keep the sidewalk in reasonably safe condition for pedestrians.
- Adjacent residential property owners: In most cases, private residential property owners are not liable for injuries caused by sidewalk defects that occurred naturally, like settling or tree roots. They may only be liable if they or their contractors actively caused the defect or exacerbated a pre-existing condition.
- Municipalities and government entities: A municipality can be held liable if the sidewalk is public property and the defect was caused by the city’s negligent maintenance or construction. However, suing a government entity requires navigating strict notice requirements under the New Jersey Tort Claims Act, often within a short window following the injury.
Determining the responsible party requires a thorough investigation of the property ownership, the nature of the defect, and any relevant local ordinances. An attorney can help identify the proper defendant and pursue your claim.
