It’s widely acknowledged that businesses have a duty to maintain the sidewalk adjoining their property. However, previous New Jersey judicial decisions prompted questions about whether owners of vacant commercial lots were excused from this responsibility. In some situations, rules differed among various municipalities. Now, the Supreme Court of New Jersey has set forth a clear rule in a case stemming from a Camden sidewalk slip and fall injury.
This decision, issued in the case of Padilla v. Young, has significant implications for commercial property owners and pedestrians alike. The court held that commercial landowners have a duty to maintain the sidewalks adjacent to their property in a reasonably safe condition. This requirement extends to all commercial parcels, including vacant lots. One justification for the ruling is that commercial landowners benefit from the increased value and foot traffic generated by adjacent sidewalks and should therefore bear the responsibility for maintaining them.
Furthermore, the justices clarified the standard of care that commercial landowners must meet in fulfilling their duty to maintain sidewalks. Landowners must take reasonable steps to ensure that the sidewalks are free from defects that could pose a hazard to pedestrians. This includes repairing potholes, cracks and other defects that could cause injuries, even if there currently is no income-generating business on the property.
In their ruling, the justices held that the act of purchasing and owning a commercial property is inherently meant to be a profit-making enterprise, so it does not make sense to exclude the owners from liability just because the lot is empty. The justices referenced multiple cases involving questions of whether a particular location was sufficiently active as a business to establish a duty to the maintain the adjacent sidewalk. The bright-line rule established in Padilla puts an end to these often-arcane analyses.
With a new clear standard in place, pedestrians should benefit from safer walking surfaces and people who are hurt due to neglected sidewalks near vacant lots have less of a legal burden. If you have been injured in a slip and fall on a defective walking surface, it is important to consult with an experienced personal injury attorney regarding your rights based on the specific circumstances.
Seigel Law in Ridgewood has recovered more than $500 million for New Jersey clients who have been injured by others’ negligence. Please call [ln::phone] or contact us online to schedule a free consultation regarding the compensation you can collect from the liable parties after a slip and fall incident.