Uneven sidewalks are a common sight in New Jersey. Tree roots, weather changes, and general wear and tear can cause cracks and raised sections that put pedestrians at risk. When someone trips and suffers an injury, the question becomes: who is responsible? The answer depends on where the sidewalk is, who owns the property next to it, and what role the town or city has in maintaining it. Understanding liability in these cases is important for anyone who has been hurt in a sidewalk fall.
Common Causes of Uneven Sidewalks
Sidewalks do not become dangerous overnight. Small issues can turn into major hazards if left unfixed. Some of the most common causes include:
- Tree roots growing underneath and lifting the pavement
- Poor construction or use of weak materials
- Weather damage from snow, ice, and heavy rainfall
- Shifting soil or erosion underneath the concrete
- Lack of regular maintenance
These issues can create cracks, dips, or raised slabs that catch people off guard. When a pedestrian trips, the impact often leads to injuries such as broken bones, sprains, or even head trauma.
Types of Injuries Caused by Sidewalk Falls
Falling on concrete can cause serious harm. Some of the injuries reported in sidewalk accident claims include:
- Broken wrists, arms, or ankles from bracing the fall
- Knee and hip injuries, especially in older adults
- Concussions or traumatic brain injuries
- Cuts, bruises, and facial injuries
- Back and spinal injuries
The severity of these injuries often depends on a person’s age, health, and how hard they fall. Even a minor trip can lead to hospital visits, physical therapy, and lost income from missed work.
Who Is Responsible for Maintaining Sidewalks in New Jersey?
Liability for uneven sidewalks in New Jersey is not always straightforward. In many towns, local ordinances assign maintenance duties to the property owners whose land borders the sidewalk. For example, a homeowner or business owner may be required to repair cracks or replace damaged sections. If someone is hurt because of their failure to maintain the sidewalk, they can be held legally responsible.
In other areas, the town or city itself may take on responsibility. This is more common for sidewalks near public property, parks, or municipal buildings. When a municipality is responsible, claims against them are handled differently and usually have stricter deadlines.
Homeowners and Business Owners
Residential property owners are often held responsible if the sidewalk next to their home is dangerous. If a homeowner fails to make timely repairs or ignores visible damage, they may be liable for injuries. Business owners face even greater scrutiny, since their properties typically receive more foot traffic. A store or office that does not address unsafe conditions outside its entrance can be held accountable for accidents.
However, liability may not apply in every case. If a homeowner or business owner can show that the sidewalk damage was caused by something beyond their control, such as a sudden natural event, they may not be held responsible.
Municipal Liability for Uneven Sidewalks
When a sidewalk is city-owned or located near public buildings, liability may fall on the municipality. These cases are more complex because of the New Jersey Tort Claims Act. This law gives government entities some protection from lawsuits, but injured people still have the right to file a claim if negligence played a role. One key factor is whether the city knew about the sidewalk defect and failed to fix it in a reasonable time.
Filing a claim against a city or township also comes with deadlines. Injured parties must usually file a notice of claim within 90 days of the accident. Missing this deadline can mean losing the right to compensation.
Proving Liability in Sidewalk Injury Cases
In any sidewalk injury claim, proving liability is essential. To recover damages, an injured person must show:
- The sidewalk was in poor or unsafe condition
- The property owner or municipality was responsible for maintenance
- The responsible party knew or should have known about the defect
- The unsafe condition directly caused the injury
Evidence is critical in these cases. Photos of the sidewalk, witness statements, medical records, and maintenance reports can all strengthen a claim.
Compensation Available After a Sidewalk Injury
A successful claim can help cover the costs that come with an injury. Compensation may include:
- Medical bills and hospital expenses
- Physical therapy and ongoing care
- Lost wages from time off work
- Reduced earning capacity in severe cases
- Pain and suffering
Every case is different, and the amount of compensation depends on the injury’s impact on the person’s life.
What to Do After a Sidewalk Accident
Taking the right steps after a fall can make a major difference in a claim. If you are injured on an uneven sidewalk:
- Seek medical attention right away, even if the injury seems minor.
- Take photos of the sidewalk and surrounding area.
- Get contact information from any witnesses.
- Report the incident to the property owner or municipality.
- Contact a lawyer to understand your rights and deadlines.
These actions can help protect your health and strengthen your case if you decide to pursue compensation.
Why Legal Help Matters in Sidewalk Cases
Uneven sidewalk injury claims in New Jersey can be complicated. Laws vary by town, deadlines are short when municipalities are involved, and property owners often deny responsibility. An experienced lawyer can investigate who is liable, gather evidence, and build a strong case. They can also negotiate with insurance companies and represent you in court if needed. Having the right legal support gives injured people the best chance of recovering the compensation they deserve.
Call Chamlin, Uliano & Walsh for Help
If you or a loved one has been injured by an uneven sidewalk in New Jersey, you may be entitled to compensation. These cases often involve complex rules about who is responsible, and quick action is important. Our New Jersey personal injury attorneys have experience holding property owners, businesses, and municipalities accountable for unsafe sidewalks. Call (732) 229-3200 today for a free consultation and learn how we can help you.