According to the New Jersey Supreme Court, commercial property owners owe a duty to those walking on their sidewalks. Specifically, commercial property owners have a duty to maintain their sidewalks. Stewart vs. 104 Wallace Street, Inc. 97 NJ 146 (1991).
What makes a sidewalk a dangerous? Construction industry standards typically limit sidewalk lifts to half an inch or in some cases as little as a quarter of an inch.
According to the American Society of Testing and Materials, sidewalks “shall be stable, flush, and even to the extent possible. The International Property Maintenance Code provides that all sidewalks “shall be kept in a proper state of repair, and maintained free from hazardous conditions.
A commercial landowner has a non-delegable duty to ensure that the property is safe, except perhaps when the commercial landowner provides exclusive control of the property to its commercial tenant. See Milacci v. Mato Realty Co., Inc., 217 N.J. Super. 297, 301 (App. Div. 1987), and McBride v. Port Authority of New York & New Jersey, 295 N.J. Super. 521, 525-526 (App. Div. 1996). Under those circumstances, the injured party can seek compensation from the commercial tenant.