If you or a loved one trips and falls on a broken, uneven, or a snow or ice covered sidewalk and suffers injuries, the question of who is liable for your injuries arises.
Trip and fall accidents fall under premises liability laws. When the accident occurs on a sidewalk, there are special considerations depending on whether the sidewalk is public or private and whether it abuts residential, commercial, industrial or governmental property.
Learn about the important elements of sidewalk liability and how a trip and fall lawyer can help you in the event of a sidewalk accident.
Liability in Residential Areas
Generally residential property owners are not responsible for public sidewalks abutting their homes unless they create a dangerous condition. They are however responsible for the driveways and walkway on their property. If you are injured on private residential property, the homeowner may be liable if their negligence leads to your injuries.
Liability for Commercial Sidewalks
Trip and fall accidents that occur on commercially owned property place liability on the property owner. Commercial business owners are responsible for maintaining the safety of sidewalks, parking lots, and walkways in front of their businesses. They have a legal duty of care to repair and fix any hazardous elements that could endanger pedestrians.
Liability for Public Sidewalks
Accidents which occur on sidewalks abutting property owned by the city, state, or other municipality are subject to special consideration. Firstly, you must file a Tort Notice with the municipality, indicating you intend to file a lawsuit. Secondly, you only have 90 days to file your claim from the date of the accident. Thirdly, although public entities have the legal responsibility to maintain the safety of their sidewalks, several legal defenses are available to absolve them of liability.
Contact an Attorney for a Free Consultation
When you are injured due to a trip and fall accident on a sidewalk, you have the right to seek legal compensation for expenses incurred. Contact our attorneys for the results you need in your slip and fall lawsuit. Set up a free consultation where our lawyers, specializing in trip and fall accidents in Jersey City, can look over your case and set you on the legal path to receiving a fair settlement for your injuries.