Though most of us do not consider the sidewalk as an inherently dangerous place to be, the truth is, this is simply not the case. Unfortunately, these accidents may arise as a result of a negligent homeowner’s failure to identify and/or remedy hazardous conditions. Sidewalk accidents most commonly involve slips and falls, which can leave victims with a number of serious injuries. If you have been involved in a sidewalk accident in Hackensack, Paramus, or a surrounding Bergen County community, you are generally able to pursue financial compensation if the accident was caused by negligent sidewalk maintenance. In many instances, liability will fall to the adjacent property owner. You may be able to recover damages, including medical bills and lost wages, if you can prove the party responsible failed to maintain safe conditions. The following blog explores what you should know about these difficult matters and the importance of working with Bergen County slip & fall accident attorneys to help you fight for the justice you deserve.
Understanding New Jersey Sidewalk Accidents
Sidewalk accidents are a common form of premises liability claim in New Jersey, which requires property owners and other responsible parties to maintain reasonably safe walking conditions for pedestrians on sidewalks. Any time a property owner, whether they be a homeowner, government entity, or commercial business fail to maintain safe walking conditions on the sidewalks adjacent to their property, pedestrians can suffer serious injuries.
If you were injured in a sidewalk accident, you may be entitled to financial compensation for the damages you have suffered, including lost wages, pain and suffering, medical bills, and property damage. Understanding what causes these accidents and who may ultimately face liability is critical when seeking compensation. Sidewalk accident claims frequently arise throughout Bergen County communities, including Ridgewood, Teaneck, Fort Lee, and Hackensack, where property owners are responsible for maintaining sidewalks adjacent to their property.
Common Causes of Sidewalk Accidents in New Jersey
Sidewalk accidents are often the result of negligent property maintenance or dangerous conditions that should have been addressed. Though many hazards develop over a period of time, others can suddenly appear as a result of weather or other external factors.
Hazardous Sidewalk Conditions That Commonly Cause Accidents
- Cracked or uneven sidewalk slabs
- Tree root growth may push sidewalk slabs upwards, creating uneven surfaces
- Poorly repaired concrete can create tripping hazards
- Sidewalk sections may sink as a result of erosion or improper construction
- Loose debris and obstructions
- Construction materials left strewn on the sidewalk
- Garbage, broken sidewalk pieces, or tree branches may obstruct the walkway
- Temporary objects, like bicycles, lawn mowers, or cords left on the sidewalk, can cause obstructions
- Standing water and drainage issues
- Poor drainage systems allow water to pool
- Water accumulation can weaken the foundation of the sidewalk
- Puddles can obstruct cracks, uneven surfaces, or other hazards
- Insufficient lighting
- Broken street lights can hide hazards
- Poor visibility increases the risk of tripping
- Weather-related hazards
- Ice and black ice may form after a winter weather event
- Uncleared snow can increase the risk of injury
- Storms can cause debris and structural damage
Who Is Responsible For A Sidewalk Accident In New Jersey?
Many assume that their city or municipality is responsible for the injuries sustained in a sidewalk accident. However, in many instances, property owners are actually the ones responsible for keeping the adjacent sidewalk free of safety hazards for all passersby.
Determining liability is incredibly complex and often depends on the location of the sidewalk, the type of property involved, and whether or not a government agency may share some form of responsibility. Ultimately, liability depends on who controlled or maintained the section of sidewalk where the accident occurred. Courts will consider whether or not the defendant knew about or reasonably should have known about the dangerous conditions and if they had time to remedy the hazard.
Parties That May Be Liable for a Sidewalk Injury
- Private property owners
- Commercial property owners
- Municipalities or government entities
- Contractors or construction companies
Steps to Take After a Sidewalk Accident in Bergen County
If you have suffered an injury while walking on a sidewalk due to the negligent action of the property owner or other liable party, understanding how to navigate these matters is of the utmost importance. Though the immediate aftermath of an injury can be overwhelming, it is imperative to remain as calm as possible to take the necessary steps to best protect both your health and the outcome of your claim.
Important Steps to Take Following a Sidewalk Accident
- Call 911 to request emergency services if injuries are severe
- Inform the property owner of the accident
- Take photos and videos of the accident scene, including any visible injuries you have suffered and the condition that led to the injury
- Exchange contact information with the property owner and obtain their insurance details
- Gather the names and information of witnesses who can corroborate your account
- Ensure a formal report of the accident is filed
- Obtain a copy of the report before leaving the scene
- Follow up with a medical provider after leaving the scene
Evidence that May Support Your Claims
- Photos and videos from the accident scene
- Medical records linking your injuries to the accident
- Witness statements
- Video footage from local homes or businesses that captured the accident
- Police or incident reports
How Can Weather Conditions Contribute to Sidewalk Accidents in Bergen County
Weather conditions often play a role in sidewalk injuries in Bergen County, especially during the winter months, as snow, ice, and heavy rain can create hazardous conditions for pedestrians if sidewalks are not promptly maintained or cleared.
While no one can control the weather, property owners, including those who own homes, commercial businesses, and government entities, are responsible for addressing hazardous conditions created by weather events within a reasonable amount of time following a storm.
Examples of Weather-Related Sidewalk Hazards
- Snow accumulation
- Ice or back ice
- Pooling rainwater
- Reduced visibility
- Debris or structural damage caused by severe weather
What Is the Statute of Limitations for Personal Injury Claims in New Jersey?
The “statute of limitations” is the legal term used to describe the amount of time you have to take legal action against another individual. Since the statute of limitations for premises liability claims in New Jersey is two years, you will have two years from the date of your accident to sue a negligent party. If you wait any longer than the legally acceptable timeframe to sue another party, you will most likely be denied the compensation you truly need.
However, claims against government entities generally require additional steps and shorter notice, as you must submit a Notice of Claim to the appropriate agency within 90 days of the accident. As such, you should not wait to connect with an experienced Bergen County personal injury attorney if you are the victim of a sidewalk accident.
Contact Our Experienced New Jersey Personal Injury Firm
When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. As a victim, your only job is to call the team at McNerney & McAuliffe, and we will take it from there. Please, do yourself a favor and do not wait. If you or someone you know was injured in an accident and is seeking financial compensation, contact our dedicated legal team today.