A fall on a sidewalk can change everything in an instant — one moment you’re walking to your destination, and the next, you’re dealing with pain, medical bills, and time away from work. If you’ve been injured in a sidewalk accident in New Jersey, you may be wondering: who is legally responsible for your injuries?
The answer depends on several factors — including who owns the adjacent property, whether the sidewalk is public or private, and the conditions that caused the fall. In some cases, it may be a homeowner; in others, a business or even the city itself.
At The Law Offices of Peter Briskin, P.C., we understand how overwhelming the aftermath of a slip or trip and fall can be. Our team is here to help you understand your rights, investigate the facts, and pursue full compensation for your injuries — including medical expenses, lost wages, and pain and suffering.
Who Is Responsible for Sidewalk Injuries in NJ?
Liability for a sidewalk accident in New Jersey depends on who owns the adjacent property and the nature of that property. State law draws important distinctions between commercial, residential, and public property when determining legal responsibility for sidewalk maintenance.
- Commercial property owners are typically required to maintain the sidewalks in front of their buildings and can be held liable if their failure to do so causes someone to fall.
- Residential property owners—especially homeowners—generally are not responsible for injuries on public sidewalks unless they created or worsened the hazardous condition.
- Municipalities or public entities may be responsible in some cases, though strict notice requirements and immunities often apply.
Understanding the type of property involved is the first step in evaluating your legal options after a fall. Our firm can help investigate the circumstances surrounding your accident and identify all potentially liable parties.
Commercial Property Owners: Expanded Liability
In New Jersey, commercial property owners have a clear legal duty to keep the sidewalks next to their property safe. This duty applies whether the property is an active storefront, an office building, or even a vacant lot.
In the landmark 2024 case Padilla v. An, the New Jersey Supreme Court reaffirmed that all commercial landowners — including those who own unused or undeveloped properties — are responsible for maintaining the sidewalks abutting their land in a reasonably safe condition.
That means a business owner can be held liable for your injuries even if:
- The building is unoccupied
- The business isn’t currently operating
- The property isn’t generating income
Common examples of commercial negligence include:
- Failing to remove snow or ice within a reasonable time
- Ignoring cracks, uneven pavement, or loose bricks
- Allowing tree roots or debris to create tripping hazards
- Poor lighting or lack of visible warning signs
If your fall occurred in front of a commercial property, it’s important to speak with a qualified personal injury attorney right away. These cases often involve complex legal and factual issues, but with the right legal team, you may be entitled to full compensation for your injuries.
Residential Property Owners: Limited Liability
If you were injured on a sidewalk in front of someone’s home, New Jersey law treats your case differently than if it happened near a business.
Homeowners generally are not liable for injuries on public sidewalks adjacent to their property — unless they did something to create or worsen the dangerous condition.
A residential property owner may be held liable if they:
- Planted a tree whose roots caused the sidewalk to lift or crack
- Improperly shoveled snow, leading to unnatural ice buildup (like black ice)
- Altered drainage from their property, causing water to freeze on the sidewalk
- Installed structures or obstructions that blocked the sidewalk or made it unsafe
However, simply failing to shovel snow or not fixing a naturally worn sidewalk typically does not create liability for homeowners under New Jersey law. Even if a city ordinance requires the homeowner to clear snow, that ordinance does not automatically create civil liability to an injured pedestrian.
Because these cases often turn on fine details, it’s important to speak with an attorney who can carefully examine the facts and advise you of your rights.
Special Cases: Rental Properties and Condominiums
Not all residential properties are treated the same under New Jersey sidewalk liability law. If the property is rented out, part of a multi-family dwelling, or governed by a condominium association, the rules may shift — and so does potential liability.
Rental Properties
If the property where your fall occurred is a non-owner-occupied rental, the owner may be considered more like a commercial landlord — and therefore can be held liable for injuries caused by unsafe sidewalk conditions.
This includes:
- Apartment buildings
- Duplexes fully rented to tenants
- Homes rented entirely to others (even family members)
Courts have found that these landlords have a duty to maintain adjacent sidewalks, especially when they benefit from tenant use and property income.
Condominiums and Associations
For condominiums or gated communities, sidewalk areas often fall under the responsibility of the association as part of common area maintenance. If the sidewalk was under their control, the association — not an individual unit owner — may be responsible for ensuring safety.
In these cases, it’s important to:
- Determine who owns and maintains the sidewalk
- Review association documents or property records
- Identify all potential parties who contributed to the hazard
An experienced attorney can help untangle these relationships and pursue the appropriate party for your injuries.
Proving Negligence in Sidewalk Accident Cases
To recover compensation in a sidewalk slip and fall case, it’s not enough to prove you were hurt — you must show that someone else was negligent, and that their failure to maintain the sidewalk caused your injury.
In legal terms, that means proving the following elements:
- Duty of Care
The property owner (or responsible party) had a legal obligation to maintain the sidewalk in a reasonably safe condition. - Breach of Duty
They failed to meet that obligation — for example, by not removing snow, ignoring uneven pavement, or allowing ice to accumulate. - Causation
Their failure directly caused your fall and resulting injuries. - Damages
You suffered actual harm — such as medical bills, lost wages, or ongoing pain and suffering.
What Evidence Helps Prove Your Case?
- Photos or video of the sidewalk condition at the time of the fall
- Eyewitness statements
- Medical records and injury documentation
- Property records showing ownership and maintenance duties
- Incident reports or communications with the owner or city
- Expert evaluations (e.g., engineering reports on sidewalk defects)
At The Law Offices of Peter Briskin, P.C., we work quickly to preserve critical evidence, identify all liable parties, and build a strong case from the start — because the right proof can make all the difference.
Third-Party Liability: Contractors and Maintenance Companies
In some sidewalk accident cases, the responsibility doesn’t stop with the property owner. If maintenance or snow removal was outsourced to a third party — such as a contractor, snow removal service, or property management company — that party may also share liability for your injuries.
When Third Parties Can Be Held Liable:
- A snow removal company failed to properly clear ice and snow, creating slippery conditions.
- A maintenance crew repaired the sidewalk improperly, leaving behind uneven surfaces or loose bricks.
- A landscaping company allowed debris or tree roots to obstruct the walkway.
Under New Jersey law, both the property owner and the contractor may be legally responsible if their negligence contributed to a hazardous condition that led to your fall.
These claims often require a detailed investigation to uncover contracts, maintenance logs, and communications between the parties. At our firm, we know how to trace these relationships and hold every negligent party accountable.
What Should Injured Pedestrians Do?
If you’ve been hurt in a sidewalk slip or trip and fall, the steps you take immediately afterward can make a big difference in your ability to recover compensation. Protecting your health — and your legal rights — should be your top priorities.
Steps to Take After a Sidewalk Fall in New Jersey:
- Get Medical Attention Immediately
Even if your injuries seem minor, have a doctor evaluate you. Some conditions, like concussions or soft tissue injuries, can worsen over time. - Document the Scene
Take photos or videos of the sidewalk hazard — cracks, ice, debris, or anything that caused the fall. Include wide shots and close-ups from multiple angles. - Report the Incident
If the fall occurred in front of a business or apartment building, notify the property owner or manager. If on city property, report it to the local municipality. - Gather Witness Information
If anyone saw your fall, get their name and contact info. Witness statements can be crucial later on. - Avoid Giving Statements or Signing Anything
Insurance companies may reach out quickly. Politely decline to discuss the incident or sign any paperwork before speaking to a lawyer. - Call a Personal Injury Attorney
An experienced slip and fall attorney can investigate your case, preserve evidence, and pursue maximum compensation on your behalf.
At The Law Offices of Peter Briskin, P.C., we’re ready to help you understand your options and fight for the justice you deserve — with no upfront legal fees.
Recent Legal Developments and Future Outlook
Sidewalk liability law in New Jersey continues to evolve — and recent court decisions are shaping the future for injured pedestrians and property owners alike.
One of the most significant developments came in Padilla v. An (2024), where the New Jersey Supreme Court clarified that all commercial property owners — even those with vacant or non-income-generating properties — must maintain adjoining sidewalks in a reasonably safe condition. This expanded the reach of sidewalk liability and reinforced that public safety takes precedence over whether a property is actively in use.
Legislative Changes May Be Ahead
In Padilla, the Court also invited the New Jersey Legislature to clarify certain aspects of sidewalk law — including potential distinctions between types of commercial properties and how liability might apply in mixed-use or borderline cases.
This means that:
- New laws could emerge that shift or expand responsibility
- Future cases may continue to test the limits of current doctrines
- Injured pedestrians will need legal advocates who stay current on these evolving standards
At The Law Offices of Peter Briskin, P.C., we closely monitor every major ruling that impacts our clients. If you’ve been injured in a sidewalk fall, we can help you navigate today’s laws — and prepare for whatever comes next.
Know Your Rights After a Sidewalk Fall
A sidewalk accident can lead to serious injuries, unexpected medical bills, and time away from work — all because someone failed to maintain a safe walking surface. In New Jersey, liability depends on a range of factors: the type of property, who owns it, how the hazard occurred, and whether reasonable steps were taken to protect the public.
If you or someone you love was injured in a sidewalk slip and fall, you don’t have to face the legal process alone. The Law Offices of Peter Briskin, P.C. is here to help you:
- Understand your rights under New Jersey law
- Investigate who may be responsible — whether a business, landlord, or city
- Pursue full compensation for your medical expenses, lost wages, and pain and suffering
Call for a Free Consultation
We represent injury victims across New Jersey with compassion, dedication, and results. Contact us today at (908) 279-7979 for a free consultation. We’ll be with you every step of the way.
