Liability of Owner of Commercial Property for Defects, Snow and Ice
Accumulation and Other Dangerous Conditions in Abutting Sidewalks.
The law
imposes upon the owner of commercial or business property the duty to use
reasonable care to see to it that the sidewalks abutting the property are
reasonably safe for members of the public who are using them. In other words,
the law says that the owner of commercial property must exercise
reasonable care to see to it that the condition of the abutting sidewalk is reasonably
safe and does not subject pedestrians to an unreasonable risk of harm. The
concept of reasonable care requires the owner of commercial property to take
action with regard to conditions within a reasonable period of time after the
owner becomes aware of the dangerous condition or, in the exercise of
reasonable care, should have become aware of it.
If there
was a condition of this sidewalk that was dangerous in that it created an
unreasonable risk of harm for pedestrians, and if the owner knew of that
condition or should have known of it but failed to take such reasonable action
to correct or remedy the situation within a reasonable period of time
thereafter as a reasonably prudent commercial or business owner would have done
under the circumstances, then the owner is negligent.
No one plans
on being injured in an accident, whether it is a car accident, fall down or
other situation. Speak with a personal injury attorney immediately
to retain all your rights. The stores are responsible for the maintenance
of their premises which are used by the public. It is the duty of the store to
inspect and keep said premises in a safe condition and free from any and all
pitfalls, obstacles or traps that would likely cause injury to persons lawfully
thereon.
If the unsafe
condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and
any ordinance adopted by the municipality might be charged as a factor, the
jury should consider the reasonableness of the time the defendant(s) has (have)
waited to remove or reduce a snow or ice condition from the sidewalk.
What actions
must the owner of commercial property take with regard to defects / snow /
ice accumulation/ dangerous conditions? The action required by the law is
action which a reasonably prudent person would take or should have taken in the
circumstances present to correct the defect / snow / ice accumulation/
dangerous condition, to repair it/remove it or to take other actions to
minimize the danger to pedestrians (for example, to give warning of it) within
a reasonable period of time after notice thereof. The test is: did the
commercial property owner take the action that a reasonably prudent person who
knows or should have known of the condition would have taken in that
circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she
is negligent.
If you are injured, after seeking
medical treatment and advising the store/mall, CALL KENNETH A. VERCAMMEN,
ESQ. 732-572-0500 for an Appointment.
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