Who Is Responsible for Slip and Fall Injuries on Public Walks in NJ?

Walking on sidewalks should be a simple, safe part of daily life. But what happens when an icy patch, a broken curb, or an uneven sidewalk causes a serious fall?

Slip and fall injuries can lead to broken bones, concussions, spinal injuries, and even long-term disabilities. When an accident like this occurs on a public sidewalk, figuring out who is responsible for your injuries is crucial. Is it the city? The property owner? A maintenance company?

In New Jersey, liability for sidewalk accidents depends on multiple factors, including the type of property, who maintains it, and whether negligence played a role. This guide will break down everything you need to know, including relevant NJ laws, real-life cases, and steps to take if you or a loved one is injured in a sidewalk fall.

Determining Who Is Responsible for Slip and Fall Injuries on Public Walks in NJ

The question of who is responsible for a public sidewalk injury is not always straightforward. Depending on the circumstances, liability may fall on:

• Public entities (e.g., municipalities, counties, or state agencies)
• Private property owners (both commercial and residential)
• Contractors and maintenance companies

Public Entities: When Is the City or Township Responsible?

Public sidewalks are often managed by local governments, but does that mean the city is responsible for your injury? Not always.

Under the New Jersey Tort Claims Act (N.J.S.A. 59:1-1, et seq.), government entities are generally immune from lawsuits related to naturally occurring weather conditions like snow and ice. This means if you slip on an icy sidewalk in front of a municipal building after a snowstorm, you may not be able to sue the city.

However, there are exceptions where the city can be held liable:

1. Dangerous, Neglected Conditions: If a sidewalk was cracked, uneven, or poorly maintained for months and the city knew about it but failed to fix it, they could be responsible.
2. Construction Negligence: If a government-hired contractor performed defective sidewalk repairs, causing a hazard, the municipality could be liable.
3. Improper Design: If a poorly designed sidewalk creates an unreasonable risk to pedestrians, the city could be sued for negligent planning.

Notable New Jersey Case: Ramos v. City of Newark

In Ramos v. City of Newark, a pedestrian sued the city after tripping on a large crack in a public sidewalk. The city argued that it had no obligation to repair the sidewalk, but the court ruled that because the defect had existed for over a year and had caused multiple injuries, Newark was liable for failing to take corrective action.

Private Property Owners: Who Is Responsible?

When a sidewalk runs adjacent to private property, the responsibility shifts. However, not all property owners are treated the same under NJ law.

Commercial Property Owners

New Jersey law explicitly requires commercial property owners to maintain sidewalks bordering their businesses. If a business fails to shovel snow, fix cracks, or address hazards, it can be sued for any injuries.

In Padilla v. Young Il An, 219 N.J. 362 (2014), the New Jersey Supreme Court ruled that all commercial property owners, including those owning vacant lots, must maintain sidewalks and are liable for injuries caused by unsafe conditions.

Common Examples of Negligence by Commercial Property Owners:

• Failing to remove snow or ice after a storm
• Ignoring cracks, potholes, or uneven pavement
• Allowing tree roots to lift and damage sidewalk slabs
• Leaving construction debris or hazardous materials on the sidewalk

Residential Property Owners

Homeowners in New Jersey generally have no legal duty to maintain public sidewalks—unless they cause the hazard themselves.

For example:

✅ Not liable: A homeowner does not have to shovel snow off the sidewalk in front of their house.

🚨 Liable: If a homeowner shovels snow improperly, causing black ice to form, they could be sued.

🚨 Liable: If a homeowner plants a tree that lifts the sidewalk, creating a trip hazard, they may be responsible.

In Easterling v. Johnson, the court ruled that a two-family homeowner was not responsible for a slip and fall on a public sidewalk. This reaffirmed the principle that residential property owners do not owe a duty to the public for sidewalk maintenance.

Contractors and Maintenance Companies

Some sidewalk maintenance is outsourced to third-party companies, like landscaping firms or property management companies. If a company fails to clear ice or repair broken pavement, it can be sued for negligence.

Notable New Jersey Case: Stein v. Pathmark

In Stein v. Pathmark, a grocery store and its contracted snow removal company were both sued after a shopper slipped on ice in front of the store. The court ruled that both parties were liable because:

1. The store failed to ensure safe conditions for customers.
2. The snow removal company did not properly clear the ice, violating its contract.

This case highlights why hiring an experienced personal injury attorney is crucial—multiple parties can share responsibility for a slip and fall.

What to Do If You’re Injured in a Sidewalk Slip and Fall Accident

If you or a loved one suffers a slip and fall injury on a New Jersey sidewalk, taking the right steps can make or break your case.

Immediate Steps to Take:

✅ Document the Scene: Take photos and videos of the hazardous condition.
✅ Get Witness Contact Info: If others saw your fall, get their names and phone numbers.
✅ Seek Medical Attention: Even if injuries seem minor, get checked by a doctor.
✅ Report the Incident: Notify the property owner, business, or city as soon as possible.
✅ Consult a Lawyer: New Jersey’s statute of limitations (N.J.S.A. 2A:14-2) is only two years, meaning you have limited time to file a claim.

Consult with an Attorney

Determining liability for sidewalk accidents can be complex, but an experienced slip-and-fall attorney can help you maximize compensation. At Rosengard Law Group, we fight for injury victims across New Jersey, ensuring they get the justice they deserve.

How We Help You:

✔️ Free Case Evaluation—we assess your claim at no cost.
✔️ Proven Track Record—millions recovered for injury victims.
✔️ No Fees Unless You Win—you don’t pay unless we secure compensation for you.

📞 Call us today at (856) 284-6446 to book a free consultation!