Sidewalks are something most of us use every single day without giving them much thought. Whether someone is walking to work, heading to a local shop, taking a morning jog, or simply stepping out to walk the dog, sidewalks are meant to provide a safe space for pedestrians to travel without having to share the roadway with vehicles. Unfortunately, sidewalks are not always maintained the way they should be. If you were injured due to dangerous sidewalk conditions in a slip or trip and fall accident, contact the Union County personal injury lawyers at The Mark Law Firm for a free consultation today. We’re here to fight for the full and fair compensation to which you are entitled.

Common Causes of Sidewalk Accidents

Sidewalk accidents usually occur when a walking surface becomes unsafe due to neglect, deterioration, or improper maintenance. While sidewalks are designed to withstand years of pedestrian use and changing weather conditions, they must still be inspected and repaired periodically. When property owners or municipalities fail to address hazardous conditions, pedestrians can easily be injured. Some of the most common causes of sidewalk accidents are as follows:

Uneven or lifted concrete slabs: Sidewalk panels often shift over time due to soil movement, tree roots, or long-term weather exposure. Even a height difference of a few inches between slabs can create a serious tripping hazard for pedestrians.
Cracks and surface deterioration: Concrete sidewalks naturally crack as they age. When cracks become wide or deep enough, they can catch the edge of a shoe or cause a person to lose their balance while walking.
Tree root intrusion: Trees planted near sidewalks may cause the pavement to buckle as their roots grow beneath the surface. These raised sections can become extremely dangerous, particularly when they are difficult to notice while walking.
Potholes or holes in the sidewalk: Missing sections of concrete or deep holes in a walkway can cause someone to step into an unexpected depression and fall forward.
Loose or broken paving materials: In some areas, sidewalks are constructed using bricks, stones, or pavers rather than solid concrete slabs. If these materials become loose or displaced, pedestrians may lose footing.
Snow and ice accumulation: During the winter months, sidewalks can quickly become hazardous when snow and ice are not removed promptly. Ice patches that form overnight are especially dangerous for morning pedestrians.
Standing water or drainage problems: Poor drainage can cause water to pool on a sidewalk. When temperatures drop, that water may freeze and create extremely slippery surfaces.
Construction debris or temporary hazards: Sidewalks near construction zones may become obstructed by tools, materials, or debris if proper precautions are not taken to keep pedestrian pathways clear.
Poor lighting conditions: Sidewalk hazards become far more dangerous when pedestrians cannot see them. Inadequate street lighting can make cracks, holes, or elevation changes difficult to notice.
Improper sidewalk repairs: Sometimes a sidewalk is repaired incorrectly, leaving uneven edges or unstable surfaces that remain dangerous despite attempts to fix the problem.

Liability of Abutting Owner or Occupant

The owner or occupant of residential premises abutting a public sidewalk is generally not responsible for defects caused by natural conditions or normal public use. This includes defects caused by the elements or by wear and tear resulting from pedestrians regularly using the sidewalk.

However, liability may arise in certain situations.

A property owner may be held responsible if the defective sidewalk condition resulted from:

Negligent construction of the sidewalk by the owner or occupant, or
An activity conducted by the owner or occupant, whether commercial or otherwise, that caused the defect.
If the defective condition of the sidewalk resulted from one of these circumstances, a plaintiff may recover damages for injuries that were proximately caused by that condition.

Liability of Owner for Repairs

A residential property owner generally owes no duty to the public to repair a sidewalk that has fallen into disrepair due to:

Normal wear and tear
Weather conditions such as rain, snow, or frost
Other natural elements

Simply failing to correct an existing sidewalk condition does not, by itself, create liability.

However, liability may arise if the owner voluntarily attempts to repair the sidewalk and does so negligently.

In these situations, the owner may be responsible if the repair:

Makes the sidewalk more dangerous than it was before, or
Creates a new hazard that did not previously exist.

Additional principles also apply:

A residential owner has no duty to maintain the sidewalk at the base of a residential driveway where deterioration occurred over time due to long-term residential traffic.
If an abutting owner constructs a sidewalk voluntarily and does so in a hazardous manner, the condition may be considered a public nuisance, and the owner may be liable for resulting injuries.
Similarly, an owner who attempts to repair or correct a sidewalk defect may create a nuisance if the repair makes the sidewalk more dangerous than it was originally or introduces a new and different hazard.

Liability for Snow and Ice

The owner or occupant of residential property abutting a public sidewalk is not required to keep the sidewalk free from naturally accumulated ice and snow.

In other words, residential property owners generally do not have a legal duty to remove snow or ice from the sidewalk.

However, liability may arise if the owner chooses to remove snow or ice and does so negligently.

For example, a residential owner may become liable if clearing the sidewalk:

Creates a new hazard, or
Increases the danger beyond the natural condition created by the weather.

This means that while an owner is not obligated to remove snow or ice, liability may occur if the owner attempts to clear the sidewalk and:

Creates a new element of danger, or
Increases the existing hazard, and
That new or increased hazard proximately causes the injury.

Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation, and Other Dangerous Conditions in Abutting Sidewalks

The law imposes a higher duty of care on commercial property owners than on residential property owners.

Owners of commercial or business property must use reasonable care to ensure that sidewalks abutting their property are reasonably safe for members of the public.

This means commercial property owners must:

Ensure the sidewalk does not pose an unreasonable risk of harm to pedestrians, and
Address dangerous conditions within a reasonable period of time after becoming aware of them.

A commercial property owner may be considered negligent if:

A sidewalk condition created an unreasonable risk of harm,
The owner knew or should have known about the condition, and
The owner failed to take reasonable action to correct or remedy the condition within a reasonable time.

Commercial property owners also have a duty to make reasonable inspections of their property, including sidewalks, in order to discover dangerous conditions.

These inspections must occur with the frequency that a reasonably prudent commercial property owner would exercise under similar circumstances.

Actions Required of Commercial Property Owners

When a dangerous sidewalk condition exists, the law requires the owner to take actions that a reasonably prudent person would take under the circumstances. These actions may include:

Repairing the defect
Removing snow or ice accumulation
Correcting the dangerous condition
Providing warnings to pedestrians, if the hazard cannot be immediately corrected

The key legal question is whether the commercial property owner acted as a reasonably prudent person would have acted after knowing, or having reason to know, about the dangerous condition.

If the owner took reasonable action, the owner is not negligent.

If the owner failed to take reasonable action, the owner may be found negligent.

Statute of Limitations for Sidewalk Accident Claims

Like most personal injury cases, sidewalk accident claims in New Jersey must be filed within a specific period of time. This legal deadline is known as the statute of limitations.

Under New Jersey Statutes Section 2A:14-2, individuals who are injured due to another party’s negligence generally have two years from the date of the accident to file a personal injury lawsuit.

If a claim is not filed within this time frame, the injured person may lose the right to pursue compensation in court.

However, sidewalk accident cases can involve additional deadlines depending on who may be responsible for the dangerous condition.

If a municipality or government entity is potentially liable for the sidewalk defect, the New Jersey Tort Claims Act requires that a Notice of Claim be filed within 90 days of the accident. This notice informs the government agency that a claim may be pursued and allows the agency to investigate the circumstances surrounding the injury.

Contact Our Sidewalk Accident Lawyers in Union County, New Jersey

Here at The Mark Law Firm, we are dedicated to representing those who’ve been harmed due to negligence. If you’ve been injured in a sidewalk accident because of dangerous conditions, contact our personal injury lawyers for comprehensive representation today. Our consultations are free, so you have nothing to lose and everything to gain by simply reaching out.

Union County Sidewalk Accident Lawyers