How Legal Standards Differ for Businesses and Homeowners in Sidewalk Slip and Fall Cases

Weather conditions, poor maintenance and obstructions contribute to slip and fall incidents on New Jersey sidewalks. In some cases, victims of these accidents suffer serious injuries, including broken bones, traumatic brain injuries and ligament damage. If you were hurt due to a sidewalk hazard, there are several factors that will shape whether you are entitled to a financial recovery. One of the most important is whether the abutting property is commercial or residential.

Under New Jersey law, businesses have a higher duty of care when it comes to pedestrian safety. Stores and other commercial establishments are obligated to maintain adjacent sidewalks in reasonably good condition. Conversely, homeowners frequently avoid liability in personal injury claims stemming from sidewalk falls unless they did something to create or worsen the hazard. 

An Appellate Division case tested the bounds of the distinction between residential and commercial properties in sidewalk injury claims. Debra Gottsleben was walking on a Morristown sidewalk when she slipped and fell. She alleged that her injury was caused by the property owners’ failure to clear snow from the path where she was walking. 

While there was no dispute that adjacent real estate parcel was a home, Gottsleben alleged that the business legal standard should apply because no one was living in the residence at the time. Rather, the home’s new owners Christopher and Maureen Annese, stayed elsewhere while contractors they had hired were renovating the home. According to Christopher Annese, he went by the location about once or twice a week during that time period. 

The Appellate Division held that the property could not be classified as commercial for liability purposes simply because construction work was going on there. According to the panel, what matters is that the adjacent parcel is meant for residential use even if no one was staying there on the date the injury occurred. 

If you’ve been hurt after a slip and fall on a sidewalk next to someone else’s property, it’s smart to speak with a qualified attorney as soon as possible. They can advise you of the pertinent legal standards under New Jersey law and assess the likelihood that you could obtain compensation through a verdict or settlement.

Kevin T. Kutyla, Esq., with offices in Succasunna and Newton, handles a wide range of New Jersey personal injury claims. Please call 973-940-8970 or contact me online to schedule an appointment at either my Morris or Sussex County location.