If Someone Falls on the Sidewalk in Front of Your House, Are You Liable?

Dawn Pinnisi

November 26, 2024

Slip-and-fall accidents can happen anywhere, including right in front of your home. Many homeowners in Paramus, NJ, wonder: If someone falls on the sidewalk in front of your house, are you liable? The answer can vary depending on the circumstances, but it depends on whether the property is residential or commercial in New Jersey. As a local law firm serving Paramus and the surrounding areas, Varcadipane & Pinnisi, P.C. is here to help you understand your legal responsibilities and protect your rights.

Common Causes of Sidewalk Injuries

Injuries on sidewalks are often caused by hazards that property owners or municipalities might overlook. Some of the most frequent include:

• Uneven pavement: Cracks, raised slabs, or potholes can cause pedestrians to trip and fall.
• Snow and ice: In the winter, snow and ice accumulation can create slippery surfaces, increasing the risk of falling.
• Obstructions: Debris, tree roots, or construction materials can block walkways, forcing people to walk in unsafe areas.
• Poor lighting: Inadequate lighting at night can make seeing uneven surfaces or obstacles on the sidewalk difficult.

These common issues can lead to grave harm, such as broken bones, head trauma, or sprains. Property owners and municipalities are responsible for maintaining sidewalks to avoid these risks. However, when an injury does occur, liability is a critical question.

How Liability Is Determined in a Slip-and-Fall Accident

Liability in these accidents hinges on whether the property owner or another party was negligent in maintaining a safe environment. In New Jersey, sidewalk liability depends on the type of property—residential versus commercial—and the specific conditions surrounding the mishap.

• Negligence: If it can be proven that the sidewalk was in poor condition due to negligence, the party responsible for maintaining it may be liable for the injury.
• Reasonable care: Property owners are generally expected to exercise “reasonable care” in keeping sidewalks safe, meaning they should promptly address hazards like cracks or snow buildup.

While commercial property owners have clear responsibilities to keep sidewalks, homeowners’ rules differ.

If Someone Falls on the Sidewalk in Front of Your House, Are You Liable?

The law provides a significant distinction for residential homeowners in New Jersey compared to commercial properties. In most cases, homeowners are not liable if someone slips and falls on the sidewalk in front of their house. Despite this, there are exceptions, particularly when the homeowner’s actions directly create a hazardous condition.

Here are a few important factors to consider:

• Residential property owners: New Jersey law generally absolves residential homeowners from responsibility for injuries occurring on public sidewalks adjacent to their property. If someone trips over a crack or a raised part of the pavement that naturally occurred over time, the homeowner is unlikely to be liable.
• Snow and ice: On the contrary, homeowners can be held liable for injuries if they fail to remove snow or ice from their sidewalks within a reasonable amount of time after a storm. New Jersey municipalities typically have ordinances requiring homeowners to shovel their footpaths. Failing to do so could result in liability if someone falls due to accumulated ice or snow.

While this relieves homeowners, knowing your town’s specific regulations is essential to avoid potential claims.

What If the Property Is a Government Space?

Determining liability can become more complex when the paved area is adjacent to government-owned property, such as a public park, road, or municipal building. In these cases, the sidewalk’s responsibility typically falls to the municipality or government agency rather than private individuals. This is because government-owned property is subject to different rules than residential or commercial spaces.

If you’re dealing with a slip-and-fall injury on a sidewalk near a government building, filing a claim against a government entity involves strict procedures and shorter deadlines than private property claims. For example, in New Jersey, you must file a “Notice of Claim” within 90 days of the accident to pursue compensation from a government agency. Additionally, there are limits on the amount of compensation you can recover.

Government-owned spaces like roads, libraries, and parks often come under complex property management rules.

When it comes to government-leased spaces, footway maintenance may be the responsibility of either the government or the business leasing the property.

Get Legal Advice If You’ve Been Involved in a Sidewalk Accident

Knowing the legal responsibilities is essential when someone falls on a track in front of a home or government property, as these incidents can lead to complicated liability issues. Varcadipane & Pinnisi, P.C. offers expert guidance and support to help Paramus residents manage sidewalk liability laws and protect their rights. Whether you’re a homeowner or dealing with government property, understanding your obligations is vital to avoiding legal pitfalls. Call us now at (800) 616-2916 for a free consultation.

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