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Joseph M. Ghabour & Associates LLC

Did you recently fall on a sidewalk? Are you wondering if you can file a lawsuit for damages?

New Jersey law provides that “absent negligent construction or repair, a landowner does not owe a duty of care to a pedestrian injured as a result of the condition of the sidewalk abutting the landowner’s property.”

However, an exception to this rule applies to commercial landowners.  That is, commercial landowners owe a duty to reasonably maintain the sidewalk abutting their property.  If they fail to do so, the property owner can be held liable for injuries that occur on the sidewalk.  The New Jersey Supreme Court has held that when a property owner is truly nonprofit, this standard of care does not apply. 

However, in determining if the property owner is nonprofit, the court must look to the nature of the use of the property, not the nature of the ownership. If the non-profit is acting as business, for example by charging for parking or running a school, then they can be held liable.

 

Joseph M. Ghabour
Auto, Bus, Pedestrian, Motorcycle accident, medical malpractice and worker's compensation attorney.

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