Slip and fall accidents on broken sidewalks can lead to serious injuries. If you’ve fallen on a broken sidewalk in New Jersey, you may wonder if you can sue for damages. The answer depends on who is responsible for maintaining the sidewalk and the cause of the damage.
Who is responsible for sidewalk maintenance in New Jersey?
In New Jersey, property owners are usually responsible for maintaining sidewalks in front of their property. However, the rules vary by municipality. Some towns require property owners to repair broken sidewalks, while others leave it to the local government. Understanding who is responsible for repairs is important.
Proving negligence in a broken sidewalk slip and fall case
To win a slip and fall case, you must prove the property owner or municipality was negligent in maintaining the sidewalk. This means showing they knew or should have known about the hazard, and failed to repair it promptly. For example, if a visible crack caused your fall and wasn’t repaired after being reported, you may have a strong case.
What defenses could the property owner or municipality use?
The property owner or municipality may argue the sidewalk defect wasn’t dangerous, or they were unaware of it. They may also claim the condition wasn’t severe enough to cause an accident, or that the injured party was partly at fault.
Time limits for filing a lawsuit
In New Jersey, you typically have two years from the date of the accident to file a claim. If the accident occurred on public property, the time limit could be shorter, and you may need to notify the local government within a few months.
What should you do after a slip and fall on a broken sidewalk?
After a slip and fall, seek medical attention right away, even if injuries seem minor. Document the scene with photos of the broken sidewalk, and collect witness contact information. Report the accident to the property owner or municipality, and consult with a legal professional to explore your options.
In New Jersey, whether you can sue for a slip and fall on a broken sidewalk depends on your case’s specific circumstances. By understanding your rights and gathering evidence, you can determine whether you have a valid claim.