Got Injured on the Sidewalk? Who’s Liable?
- February 15th, 2018
Many people do not realize that slip-and-fall accidents can result in injuries that could be financially recoverable in certain situations. The same rules of reasonable duty of care and negligence apply as in other personal injury claims, but the material facts of how the injury occurred are important. The location of the sidewalk also has a significant impact, as property ownership or control will determine who may be a respondent.
Maintaining private property sidewalks is the responsibility of the owner or a property manager, such as a retail establishment, while sidewalks located on public property will refer to the local government that maintains city facilities. This responsibility distinction matters when a claim is being filed because the rules for submitting claims are different.
Public Property Sidewalk Injury Claims
All personal injury claims carry the same burden for the plaintiff to prove an injury occurred and that the injury suffered was due to the negligence of the respondent. Sidewalk injury claims are no different, but the rules for submitting a claim are different for public property. Having a NJ personal injury attorney representing the case means that all evidence will be submitted in totality and on time with the initial filing, which can be crucial to winning a claim. Public property sidewalk claims are usually subject to shorter limitation periods and the local courts normally enforce those limitations strictly.
Private Property Sidewalk Injury Claims
Private property sidewalk slip-and-fall injury claims are usually directed at the property owner or a business operation that is responsible for a certain portion of a walkway. This requirement of duty of care also includes inclement weather conditions around the immediate proximity of a business if they are open for business on that day and at the time of the accident. Some sidewalk injury claims will also result from accidents on personal property, but legal access to the property is usually a requirement to avoid denial based on personal assumption of risk.
Call Faloni & Associates NJ Personal Injury Attorney
Anyone who has been injured in a slip-and-fall sidewalk accident in New Jersey should call the legal professionals at Faloni & Associates for a full free evaluation of the potential injury claim.