In the unfortunate event that you’ve been injured while walking on a sidewalk, it’s crucial to understand your legal options. Keep reading to learn who can be held liable when a defective sidewalk causes an injury in New Jersey and how our determined Essex County Slip & Fall Attorneys can help you fight for the compensation you deserve.
Can You File a Claim for a Defective Sidewalk Injury?
If injured by a defective sidewalk in New Jersey, you may pursue a premises liability claim. However, to recover compensation, you must demonstrate that negligence led to the dangerous condition that caused your injuries. Generally, property owners are responsible for maintaining and repairing the sidewalk abutting their premises. Owners can be held legally accountable for injuries caused by failures to fix defects.
Are Claims Against Municipalities Different?
Premises liability claims against municipalities in New Jersey require navigating a unique set of legal hurdles that differ significantly from standard claims against private individuals or entities. These special legal rules include:
- Mandatory Filing: Before initiating a lawsuit, you must provide the municipality with official written notice of your intent to sue. A Notice of Claim provides the municipality with an opportunity to investigate the merits of the claim.
- Strict Deadlines: The timeframe for filing a Notice of Claim is often much shorter, typically 90 days from the date the injury occurred. This is way less time than the standard statute of limitations for most personal injury claims.
- Bar of Recovery: If you fail to meet these deadlines, you will face the absolute bar of recovery. This means you forfeit your right to recovery compensation for your damages. This is the case even if you have a valid claim.
What Should You Do After a Sidewalk Injury?
If you’ve been injured due to a defective sidewalk in New Jersey, it’s crucial to take the right steps to protect your rights. Seeking medical attention is the most important step. Adrenaline can often hide the severity of injuries, making a professional medical evaluation essential for proper diagnosis and treatment.
Prompt medical care is also vital for your legal claim, as it establishes a clear link between the accident and your injuries. This prevents insurance companies from challenging your case by arguing your injuries were pre-existing or unrelated, a tactic that could significantly reduce your deserved compensation.
If you’re physically capable, you should document the scene and defect. This includes taking detailed photographs and videos of the dangerous condition. If anyone witnessed the accident, you should get their contact information, as they may be able to corroborate your account of the events. If the accident happened outside of the store or building, you must report the incident to management and ask for a written report. Additionally, you should maintain meticulous records and receipts.
At the Law Offices of Christopher T. Howell, Esq., we are prepared to help you gather evidence and meet strict deadlines. Our legal team will fight for the best possible outcome given the unique circumstances of your case. Connect with us today to schedule a consultation.
