Who is Considered the At-Fault Party for Dangerous Sidewalk Conditions?

Slip and fall accidents can occur almost anywhere, even while walking on the sidewalk. Sometimes, this may be because you were not paying attention to your surroundings. But most times, this may be because of dangerous sidewalk conditions. If you sustained a sidewalk injury, follow along to learn how a proficient Morris County, New Jersey slip and fall lawyer at The Macri Law Firm can assist you in developing a comprehensive premises liability claim to recover the compensation you deserve.

Who is the at-fault party for dangerous sidewalk conditions?

Typically, the property owner is the at-fault party for accidents due to dangerous sidewalk conditions. This is because they hold the responsibility of ensuring that they monitor walking surfaces and take the necessary action to rectify issues when they happen, promptly. By New Jersey law, such sidewalk issues include, but are not limited to, the following:

  • Uncleared weather-related hazards, such as snow or ice.
  • Uncleared spills or liquids.
  • Uncleared loose debris.
  • Unattended dangerous substances.
  • Unattended surface troubles, such as potholes, uneven pavement, or exposed tree roots.

What steps should I take after encountering dangerous sidewalk conditions?

If you sustained injuries and damages due to dangerous sidewalk conditions, you are likely entitled to compensation via a premises liability claim. With your claim, you must prove the following to be true:

  • The property owner knew or should have known about the unsafe sidewalk conditions.
  • The property owner neglected to fix the unsafe sidewalk conditions.
  • These unsafe sidewalk conditions caused you to be involved in an accident.

And to satisfy this burden of proof, you must take the below steps immediately after your accident:

  1. Call 911: the police will dispatch an ambulance and conduct an accident report. You should obtain this report later on.
  2. Capture the scene: take photos and videos of your injuries, damages, and safety hazards that caused your accident.
  3. Collect witness contact information: you should ask if they have any photos and videos and if they can provide witness testimony later on.
  4. Seek medical treatment: get treated at the scene and afterward. You should obtain all medical documentation and bills later on.
  5. Contact our firm: reach out to a talented Parsippany, New Jersey personal injury lawyer. We will obtain any remaining evidence, such as surveillance footage.

What is the statute of limitations in the state of New Jersey?

Importantly, the deadline to file a premises liability claim in the state of New Jersey is two years from the date of your accident. Additionally, if your accident occurred on a sidewalk owned by the government or a municipality, then you only have 90 days from the date of your accident to file a Notice of Claim. Failure to do so will bar you from suing and obtaining compensation.


If you require the services of an experienced team of attorneys for legal matters related to estate planning, personal injury, or medical malpractice, contact The Macri Law Firm today to schedule a consultation.