Who is liable for a slip and fall on a homeowner's front sidewalk?
(Paulsboro, New Jersey)
I was walking down the sidewalk of a residential neighborhood. Suddenly, I slipped and fell on a homeowner's front sidewalk, and had pain right away in my ankle. I called the paramedics from my cell phone, and the police arrived as well. The result of this incident are as follows:
I needed two surgeries, the first was to place a plate and seven screws on the broken bone. I then had to have a second surgery because my skin was having trouble healing and the metal became exposed. The doctor was worried about the high risk for infection and removed the hardware.
This incident happened in Paulsboro, NJ in the front of a homeowner's residence, on their front sidewalk. With this information I provided, does it look like I could have a case against the homeowner or their homeowner's insurance company? Or is the city liable for my medical bills and other losses? Thank you.
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ANSWER for "Who is liable for a slip and fall on a homeowner's front sidewalk?":
John (Paulsboro, New Jersey):
According to Section 42-1 of the Borough of Paulsboro, NJ Code...
PRIVATE LAND is defined as "Any real property within the Borough of Paulsboro which is not owned by the Borough of Paulsboro."
To determine whether or not the sidewalk is owned by the City of Paulsboro go to their home site at Paulsboronj.org
Contact the Public Works Department and inquire as to whether the sidewalks in front of the home are owned and/or maintained by the Borough of Paulsboro. If so, you will have to file a tort claim against the Borough.
If the sidewalk is determined to be private property, you can file a claim against the homeowner, and the homeowner will turn the matter over to his or her homeowners insurance company.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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