Whether it is fall (when the leaves turn orange, gold, or red and majestically drop to the ground) or winter (when snow and ice cover the pavements), the risk of sidewalk injuries increases due to the uneven nature of the walkways. The situation is made worse when the sidewalk is deficient or defective due to:
- Cracked or broken concrete
- Separated or raised slabs
- Holes or sunken areas where water collects
- Visible tree root damage
These uneven areas that cause abrupt changes to the walkway’s uniformity can lead to a serious slip-and-fall accident. Fortunately, it is not always your fault when you experience sidewalk injuries. In the next section, we will explain who is likely responsible and what to do immediately after an uneven sidewalk accident in New Jersey to increase your chances of getting the maximum compensation.
Who is Responsible for Uneven Sidewalk Injuries in New Jersey
To determine the party responsible for your sidewalk accident, you need to find out who owns the sidewalk. If it is a public sidewalk, you must determine the owner of the abutting property. A fully public sidewalk should be on public property, adjoining a public road, or be controlled by a public entity.
Conversely, a private sidewalk is owned by a specific individual, and the premises liability law determines to what extent the person is liable. If the sidewalk is publicly owned but has a property owner responsible for maintaining it, you must assess if it’s a commercial or residential landowner. The following table summarizes the difference in liability between the two.
| Residential Landowner | Commercial Landowner |
| Generally not liable for uneven sidewalk injuries | Liable for uneven sidewalk injuries |
| They become liable if they contribute to the defective nature. For example, they planted a tree that cracked the concrete. | Must maintain and keep the sidewalk hazard-free |
| Municipality’s ordinances for them to maintain the sidewalk do not create liability. | The municipality follows them up to maintain the sidewalk, and the owner is fully responsible for sidewalk accidents. |
A personal injury attorney in New Jersey can assist you in assessing if the case is worth pursuing.
What to do After an Uneven Sidewalk Accident in New Jersey
A sidewalk accident can lead to minor or serious injuries that need hospitalization. Knowing what to do afterward will help to cater to your medical, psychological, and financial needs. Let’s look at the steps to take immediately after an accident:
- Assess your injuries and seek medical attention.
- Report the incident to the police and other relevant authorities. You or someone you trust should stay on site until they have all the details.
- Take photos of your injuries and the uneven sidewalk.
- Collect witness statements.
- Fill out an incident report with the local authorities and get copies of everything.
For serious injuries, consider calling a personal injury attorney in Newark, NJ, to take over the process. This step will ensure you build a strong case against the liable party. Peter Briskin Law Firm has a wealth of experience dealing with sidewalk accidents. We are the personal injury attorneys in New Jersey who will fight for what you deserve.