Slipping and falling on a sidewalk is a common type of accident that can lead to serious injuries and damage. If you slipped on another person’s sidewalk in New Jersey, you may wonder whether you have the right to file a claim for your damages. The answer will depend on the specific situation and various factors relevant to the accident. It is imperative that you understand your legal rights and options after becoming injured on someone else’s property. Read on and speak with an experienced sidewalk accident attorney at Stathis & Leonardis, LLC to set up your free consultation today.
What is Premises Liability Law?
Premises liability is a legal principle that holds property owners responsible for accidents and injuries that occur on their property due to dangerous conditions. In New Jersey, property owners have a legal duty to maintain their property in a reasonably safe condition to prevent unnecessary harm to others. If they fail to uphold this standard and a person becomes injured, the property owner can be held liable for their damages under premises liability law.
Can I File a Claim if I Slipped on Another Person’s Sidewalk in NJ?
Whether your accident took place on the sidewalk outside a residential home, place of business, or government agency, you may be able to file a claim if you slipped and injured yourself. Local municipalities have the authority to set individual laws regarding who is responsible for the upkeep and safety of sidewalks, so there is no universal law in New Jersey.
For Middlesex County, however, the New Jersey Administrative Code § 359-23 states, “Any repairs to curbs and sidewalks throughout the Borough shall be the responsibility of the homeowner wherein the curbs and sidewalks are located and not of the Borough.”
According to this law, property owners are responsible for maintaining sidewalks, like repairing cracks, shoveling, salting, and more. If you slipped on another person’s sidewalk, you may be able to file a claim and hold them liable for your damages, given that they were responsible for the fall.
How Can I Win My Claim?
To file a successful claim after a sidewalk accident, you need to prove the following elements of negligence.
- The property owner had a duty to maintain the sidewalk in a safe condition
- The property owner breached the duty by failing to notice or address a hazardous condition
- The property owner’s breach of duty directly caused your accident and injury
- You sustained actual damages as a result
After being involved in a slip and fall on someone else’s sidewalk, it is important that you consult a skilled personal injury attorney to discuss your situation and obtain experienced legal representation. Reach out to a knowledgeable lawyer today for more information.
