Is Your Sidewalk an Accident Waiting to Happen?
By: Joseph M. Scott, Esquire
What is your legal responsibility for the sidewalk in front of your home?
New Jersey law provides that residential homeowners are under no obligation to maintain the sidewalk, which abuts their residence. Residential owners are not liable for the condition of the sidewalks caused by the action of the elements or by wear and tear from ordinary public use. However, a residential owner of real estate may be held liable for the negligent construction or repair of the sidewalk if performed by or at the owners request, or by a previous owner, and can also be liable for the direct use or obstruction of the sidewalk by the owner.
New Jersey law is quite different for commercial real estate owners. Commercial owners are responsible for sidewalk maintenance and must maintain the sidewalk in reasonably good condition. Failure on the part of a commercial landowner to maintain the sidewalks in reasonably good condition may result in liability to pedestrians who may be injured as a result of their negligent failure to maintain the sidewalk.
The problem with this area of law is that it is often difficult to determine whether property is residential, commercial or a hybrid. How do you determine whether your parcel is commercial or residential? The answer, according to the New Jersey Supreme Court, is that the nature of the ownership controls and not the use to which the property is put. Courts have found apartment buildings to be commercial properties, as well as fraternity houses. Conversely, a three-family residence where the owners resided in one apartment and other family members resided in the other two apartments has been found to be residential based on the fact that there was no evidence that the rent being collected by the other family members yielded a profit.
The reason that commercial property owners are held liable for their sidewalks, and not residential owners, is that commercial and other non-residential owners are more likely to be able to pass-on to their tenants the added costs associated with sidewalk liability.
What is the condition of your sidewalk? Is your property considered residential or commercial, or a hybrid? What is your liability with respect to your sidewalk?
At A. Michael Barker & Associates, we care about your safety and well being. If you have been seriously injured as a result of an injury related to the condition of a sidewalk, please call us so we can discuss your legal rights and help you collect any compensation to which you are entitled.