Most New Jersey residents recognize that sidewalks can be dangerous in the winter. They know that snow and ice accumulation can lead to slips and falls that have significant consequences.
Unsafe sidewalk conditions can also be a concern year-round. People jogging or even just walking on sidewalks may end up injured due to improper sidewalk maintenance.
What makes sidewalks dangerous?
There are two main sources of warmer-season sidewalk incidents. The first is damage to individual sections of cement.
Repeated freezes and thaws or tree root incursions can potentially lead to the cement of the sidewalk crumbling or cracking. The damage to the sidewalk can put people at risk of tripping over chunks of cement or getting stuck if they use wheelchairs, walkers or other mobility devices.
The second concern relates to uneven sections of the sidewalk. Frost heave and ground settling can make the points where separate sections of cement touch highly uneven. They can become tripping hazards and can lead to people falling and getting hurt.
In most jurisdictions in New Jersey, the people or businesses who own the adjacent property are responsible for the maintenance of the nearby sidewalk. People who sustain significant injuries due to unsafe sidewalks may have grounds for premises liability lawsuits. Liability insurance carried by businesses and homeowners can potentially help compensate them for their losses.
Understanding who might be liable for different types of incidents can help property owners hold the right party accountable. People hurt due to unsafe sidewalks and other property maintenance issues may have grounds for premises liability lawsuits if they sustain significant economic losses.