Does it matter where I fall?
Yes. Under New Jersey law, the responsibilities owed to you by the property owner are determined by your reason for being on the property and the type of property: residential, commercial or public.
What if I fall on a residential sidewalk?
Although a residential property owner is generally not responsible for defects caused by the elements, wear and tear or snow and ice accumulation, he may be responsible for a dangerous condition caused by his own actions.
What if I fall on commercial property?
A commercial property owner is normally responsible for dangerous conditions that he knew or should have known about in enough time to warn you or repair the condition.
What if I fall in my apartment or apartment complex?
Landlords generally have the duty of commercial landowners. They must inspect, repair, and maintain all parts of the property that are under their control. A landlord may be liable for injuries to a tenant or guest caused by dangerous conditions that were discoverable through a reasonable inspection.
What if I fall on public property?
If you are injured on public property you must file a tort claim notice with the government entity responsible for the property. If you are over the age of 18 and fail to file this notice within 90 days after the date of your accident, you may forever lose your right to bring a personal injury lawsuit.
A public entity is responsible for injuries caused by a dangerous condition on its property subject to specific requirements and immunities contained in the New Jersey Tort Claims Act. The standard of proof against a government entity is much higher and more difficult to meet than the standard of proof against private citizens and businesses.
