Sidewalk Falls Attorneys In New Jersey
In New Jersey, a fall caused by a broken, uneven or icy sidewalk is one of the most common types of personal injury case. It can also be the most complex due to the specific New Jersey Sidewalk Laws and a variety of important factors that can affect the injured person’s rights to compensation.
Experienced Sidewalk Injury Attorneys
Since 1976, the Jersey City law firm of Krivitzky, Springer & Feldman has successfully recovered compensation for people injured in many kinds of sidewalk injuries. For example:
- Uneven surface where two sidewalk slabs meet, causes trip and fall
- Broken up sidewalk at a driveway entrance due to repeated car traffic causes fall
- Uneven or upraised sidewalk due to a tree root results in tripping hazard
- Un-shoveled or poorly shoveled ice and snow on a sidewalk leads to slip and fall
- Paver or brick sidewalk missing a stone – the hole causes a fall
- Rainwater leader/gutter from building directs water to sidewalk, where it freezes in a sheet of ice causing a slip and fall
- Haphazard or poorly performed repairs of cracks or holes in sidewalk create a dangerous tripping hazard
- A gas cap or utility cap sticking up out of the sidewalk causes a trip and fall
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Identifying the Possible Defendants
In sidewalk cases, an experienced attorney will determine all possible responsible parties. Sometimes the dangerous condition is between two properties. Sometimes the condition exists on one property but was caused by an adjacent property owner. Identifying the right parties is of the utmost importance. In some cases, the City or another agency or company has performed work on or under the sidewalk, such as installing street signs or replacing utility lines, and this work leaves an unlevel sidewalk walking surface. In these types of cases there may be joint responsibility on the property owner, the utility company, the City, and any contractors or subcontractors. Determining the possible defendants may require investigation into the work permits and invoices.
Special Requirements – Prompt Action Required
In any case in which a local municipality such as a City, Town, Borough, County or the State of New Jersey, may be a possible defendant, a specific Notice of Claim must be filed within 90 days of the accident putting that municipality on notice of a potential claim. Failure to file the specific claim forms can result in a forfeiture of your right to sue, with only a few exceptions. If you have been injured on a New Jersey Sidewalk, contact our lawyers today to protect your rights.
Proving Liability in Sidewalk Cases
The law governing sidewalk accidents in New Jersey is complex and there are many exceptions. In general terms, the duty of a property owner regarding his sidewalk varies, depending on the nature of the property. Commercial properties such as office buildings, stores, and apartment buildings have the highest duty and have the fewest defenses. Single family residential property owners have less duties and more defenses. For example, these owners generally are not responsible for accidents caused by un-shoveled ice and snow or general sidewalk deterioration or wear caused by nature. However, an experienced attorney and safety engineer expert may be able to prove that the dangerous condition was man-made and not natural, making even a residential property owner responsible. If the condition was caused by a municipal entity there are additional defenses and immunities.
Because every sidewalk injury case is different, the best legal advice can be provided if you call our Jersey City office at 201-798-2711201-798-2711. You will speak with an experienced personal injury attorney at no cost and no obligation to you. Tell us about your injury and we’ll tell you about the law.
How to Take Pictures of Where You Fell
Taking good pictures will preserve the proof of the condition and help the attorney identify the possible defendants. Try and take pictures from far away and close-up, and from all angles. Take a few pictures from across the street that show the whole sidewalk and the adjacent buildings.
The lawyers at Krivitzky, Springer & Feldman thoroughly investigate each case to determine all possible responsible parties. In many cases we employ the services of an expert engineer or architect to prove the existence of a dangerous condition and the failure of the responsible party to remedy the condition. We can obtain the deeds, leases permits, and service contracts applicable to the case.
See How We Can Help You.
Have questions? Not sure if you have a case? Questions about New Jersey Sidewalk Law? Call the Jersey City lawyers of Krivitzky, Springer & Feldman 201-798-2711201-798-2711. We may be able to answer your questions right now, or we can schedule a free consultation. You may also contact us by e-mail now.
Free Consultation. No Fee If No Recovery.
Evening or weekend appointments and home or hospital visits can be arranged throughout Northern New Jersey.
Give us a call; we’re here for you.
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