Sidewalk Liability Laws in Place for Commercial Property Owners
You slip and fall on a sidewalk outside of a vacant commercial property that hasn’t been in service in years. You suffer injuries and want to be reimbursed for your medical expenses. Is this possible? If so, who is liable?
The New Jersey Supreme Court recently ruled that the commercial property owner would be at fault. The court states that all commercial landowners have a duty to maintain the public sidewalks next to their property. They must keep the sidewalks and other areas in reasonably good condition. If they fail to do so, they will be liable to pedestrians injured as a result of their negligence. This law extends to owners of vacant commercial lots.
This may seem like a burden to these property owners. The lot isn’t being used, so why should they still have to maintain the outside areas? One word: fairness.
The New Jersey Supreme Court created a new rule because it didn’t seem fair to treat vacant properties differently than those with structures or active businesses. The court’s comments state that it is “profoundly unfair” to allow property owners of vacant lots to have no responsibility whatsoever for areas that the general public uses.
The law is based on a premises liability lawsuit that a woman brought against the owners of a vacant property in Camden after she fell on the sidewalk and sustained serious injuries. She required surgery.
The owners of the property purchased it 27 years before the woman’s fall, which happened in 1992. The owners then bought an adjacent lot. They had intended to construct a building, but never did due to the economy. There was no liability insurance on the property because no insurance companies wanted to insure it.
The courts recognized that this new law would impose an expense on commercial property owners, but that liability insurance would cover any injuries that occur. The law would eliminate any confusion that there was in the past.
According to the court, purchasing a vacant commercial lot is a business decision that comes with costs and burdens, and that includes maintaining the adjacent sidewalks so that they are in a reasonably safe condition for passersby. A duty exists whether or not there is a structure or active business on a commercial property. A commercial lot exists for the purpose of making money. When someone purchases a vacant commercial lot, that is a risky business decision, but the buyer must embrace all the costs and burdens of conducting business.
Contact a New Jersey Personal Injury Lawyer Today
Owning a vacant property is no longer an excuse to not keep it maintained. Residential and commercial property owners need to ensure their properties are safe at all times to avoid accidents and injuries.
Injured on someone else’s property? Discuss your case with a Morristown premises liability attorney from The Law Offices of Michael P. Burakoff. Let us know about your injuries sustained on the dangerous or unsafe property and we can help you understand your options for recovering compensation through a premises liability claim. To schedule a consultation with our office, call (973) 455-1567 or fill out the online form.
Source:
insurancejournal.com/news/east/2024/06/17/779919.htm#:~:text=The%20New%20Jersey%20Supreme%20Court,negligent%20failure%20to%20do%20so.
