If you sustained an injury due to a defective sidewalk in New Jersey, you may be wondering whether you have the right to file a claim. Keep reading for more information and consult with an experienced Sussex County sidewalk accident lawyer for skilled representation today.

What is a Defective Sidewalk?

A sidewalk is considered “defective” when its condition deviates from a reasonably safe standard, creating a tripping or falling hazard for pedestrians. These defects are often the result of poor maintenance, natural wear and tear, or external forces.

Common examples of defects include:

  • Uneven surfaces: This is one of the most common issues, often caused by one section of the concrete slab being higher than the one next to it. This can happen due to shifting soil, freezing and thawing cycles, or improper installation. A vertical change of even half an inch can constitute a significant trip hazard.
  • Cracks and potholes: Wide, deep cracks or holes in the pavement can catch a shoe or cause a loss of balance, especially when obscured by water or leaves.
  • Missing sections: Entire missing portions of the walkway, leaving dirt or large gaps.
  • Tree root damage: Tree roots growing beneath the pavement can lift and break the concrete, causing severe bumps and cracks.
  • Protruding objects: Rebar, utility covers that aren’t flush with the surface, or construction materials left improperly on the walkway.
  • Severe slopes or drainage issues: Improper sloping that allows water to pool and freeze into ice patches, or excessive and unexpected inclines.

In general, a defective sidewalk is one where the condition is dangerous enough that a reasonable person could be injured.

Can I File a Claim in NJ if a Defective Sidewalk Caused My Injury?

In most cases, residential property owners in New Jersey are not responsible for maintaining the public sidewalk adjoining their property and are therefore generally immune from liability if someone is injured due to a sidewalk defect. This rule is different from liability laws in many other states.

However, liability may exist under several crucial exceptions:

  1. Commercial property owners: Owners of commercial properties (businesses, apartments, shopping centers) are generally held liable for injuries caused by sidewalk defects, including failure to maintain the sidewalk.
  2. Owner’s actions: Both residential and commercial property owners can be held liable if they or their agents:
    1. Created the defect: For instance, improperly installing or repairing a portion of the sidewalk.
    2. Used the sidewalk in a way that caused the defect: Such as driving heavy machinery over the curb, leading to a crack or uplift.
    3. Failed to clear snow or ice where a municipal ordinance specifically mandates commercial owners to do so and imposes liability for failure.

If the sidewalk is owned or controlled by a public entity like a municipality or county, a claim is possible but is governed by the stringent New Jersey Tort Claims Act. This requires demonstrating that the public entity’s action or inaction was “palpably unreasonable” and that the property was in a dangerous condition. Strict notice requirements and short deadlines apply to these claims.

Navigating these rules requires a careful examination of the property type, the cause of the defect, and the specific circumstances of the injury. Reach out to a skilled attorney for more information and legal advice today.