By Matthew V. Villani

The New Jersey Supreme Court has ruled that commercial property owners owe a duty to those using their sidewalks. Specifically, commercial property owners have an affirmative duty to maintain their sidewalks. Stewart vs. 104 Wallace Street, Inc. 97 NJ 146 (1991).

The question is often asked: “What makes a sidewalk a dangerous”? Construction industry standards typically limit sidewalk lifts to one-half inch or in some cases one-quarter inch.

According to the America Society of Testing and Materials, sidewalks “shall be stable, planar, 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.

Here at Ginarte Gonzalez Winograd L.L.P.,, we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.