No one expects to fall and get hurt while walking on a sidewalk, but if this has happened to you, the accident could be due to someone else’s negligence, and you may actually be entitled to compensation. This is because, typically, sidewalk maintenance is someone’s responsibility…although figuring out who is to blame for your injuries can be a challenge.
In New Jersey, as a general rule, homeowners are not legally responsible for the public sidewalk abutting or adjacent to their home. So in a scenario where you slip and fall on a sidewalk outside of someone’s home, we would look to the rules, regulations, or local ordinances of the city or town to see who is responsible. In New Jersey’s larger cities, the local government handles the maintenance of sidewalks, litter removal, and repairs. However, in less urban and more residential areas, the adjacent property owner is required to maintain their own portion of a sidewalk.
The New Jersey Supreme Court determined that a commercial property owner could be held responsible for slip and fall accidents that occur on public sidewalks that abut the property. So, for example, if you were to fall on a public sidewalk outside of a local restaurant, you would have the ability to sue the restaurant owner for your injuries. There was a case in 2018, where a woman in her early fifties was walking on a public sidewalk in East Orange when she slipped and fell on ice outside of a restaurant. The woman unfortunately suffered a bad fracture of her right ankle that required surgery and later physical therapy. She sued the building owner and the restaurant for failing to maintain the property, thereby creating a dangerous condition. Ultimately, it was determined that the building owner was one hundred percent responsible and the jury awarded the victim over two point one million dollars.
First, seek medical attention as soon as possible. Your health and well-being should be your first priority if you have been injured in a slip and fall accident.
If you can, take photographs of the exact location where you fell and the dangerous condition that caused you to slip and fall. This is especially important in these types of cases because the dangerous condition that caused you to fall may not be there for very long and you’ll need a record of it.
Next, be sure to report your fall. For example, tell a supervisor or manager if you fell down outside of a business so they can create an incident report or get the police involved if necessary. Once you’ve done these things, hire an experienced slip and fall attorney who can help you navigate the next steps. At Rosenblum Law, we have unparalleled experience in personal injury such as a slip and fall incident, and will give you the best possible chance at justice. If you or a loved one has suffered an injury from a fall on a sidewalk, and wish to pursue the compensation you deserve, don’t hesitate to take the crucial first step on the road to recovery. Call us today for a free consultation.
Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/sidewalk/