For over 30 years, the Ginarte Law Firm has represented the rights of accident victims in the New York/New Jersey area. Throughout that time, New Jersey courts have continually refined when a landowner is liable for the condition of their abutting sidewalks by the courts. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146, (1981), the New Jersey Supreme Court held that commercial landowners owe a duty to reasonably maintain the sidewalks abutting their property. Thus, when determining sidewalk liability, courts focus on whether a property is commercial or residential. This is a legal determination which has received much attention from lawyers and the courts.

However, even if a property is considered residential, landowners may still be liable to those that slip and fall on their abutting sidewalks. Residential landowners are responsible for their sidewalks “if (1) they or their predecessors negligently constructed or repaired the sidewalk; (2) their use of the property rendered the sidewalk unsafe; (3) installed a drain or hole in or upon the sidewalk; or (4) they created a dangerous condition in sidewalk by building upon it.” Dupree v. City of Clifton, 351 N.J. Super. 237, 246 (2002); Stewart, supra, 87 N.J. at 152-153 (2002).

If you have been injured through the negligence of another, call our office today at 1-888-GINARTE or use our online contact form. The experienced attorneys at the Ginarte Law Firm have the knowledge and skills to prosecute your case.