Register now !    Login  
Main Menu
Who's Online
211 user(s) are online (167 user(s) are browsing Message Forum)

Members: 0
Guests: 211

more...




Browsing this Thread:   1 Anonymous Users






Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#9
Home away from home
Home away from home


Hide User information
Joined:
2012/8/6 22:56
Last Login :
2019/11/14 1:56
Group:
Registered Users
Posts: 1058
Offline
Quote:

papadage wrote:
No, as the property owners adjacent to public sidewalks have a statutory duty to maintain them and clear them of snow.

Keeping in mind that:
? Slip & fall laws are pretty messy
? I'm not an attorney
? If I was an attorney, I wouldn't give out free legal advice via the Internet ;)

I did not say property owners are not required to maintain their sidewalks. What I said is that the city owns the sidewalk. It's an easement to adjacent property owners.

As best I can figure, there is a level of residential sidewalk immunity in NJ. E.g. if the sidewalk is broken and the city doesn't fix it (e.g. city-owned tree buckles the sidewalk), the adjacent property owner is not responsible. However, if the problem with the sidewalk is because the property owner is negligent (they fail to clear snow & ice), the property owner is likely liable.

Here's a typical writeup from an attorney's office on this clear-as-mud distinction:
http://www.chamlin-rosen.com/articles ... s-conditions-of-property/

In case you didn't read the article: A woman slipped and fell on a sidewalk in a 55+ community. She sued everyone possible (surprise!), including the Association, which owns the sidewalk. The Association claimed that because the public used the sidewalks, residential sidewalk immunity applies.

The court declared the immunity doesn't apply, even though the public may access those sidewalks, so she can sue. The ruling is in one sense narrow (it only applies to privately owned sidewalks in condo complexes) and broad in another (there are lots of those complexes in NJ, though not many in JC afaik).

Thus: If you don't clean up the snow/ice on your sidewalk and someone gets injured, you may be liable. That is just as true today as it was last week.

Posted on: 2015/8/14 20:30
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#8
Home away from home
Home away from home


Hide User information
Joined:
2013/3/29 21:43
Last Login :
2023/9/5 18:27
From Bergen Hill
Group:
Registered Users
Posts: 1980
Offline
Honestly, I figured this was just common sense. I have to shovel the snow and maintain my sidewalk, I would only assume that whomever is in charge of maintaining the property around a condominium would do the same.

Posted on: 2015/8/14 19:15
Dos A Cero
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#7
Home away from home
Home away from home


Hide User information
Joined:
2007/12/30 16:56
Last Login :
2021/10/6 14:50
From Jersey City, NJ
Group:
Banned
Posts: 702
Offline
No, as the property owners adjacent to public sidewalks have a statutory duty to maintain them and clear them of snow.

Posted on: 2015/8/14 18:32
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#6
Home away from home
Home away from home


Hide User information
Joined:
2012/8/6 22:56
Last Login :
2019/11/14 1:56
Group:
Registered Users
Posts: 1058
Offline
Quote:

user1111 wrote:
Condo maintenance fees will be sky high in the next few years. As much as I see un-shoveled properties throughout NJ. No Thanks!

I don't think this makes as much of a difference as you think.

I'm pretty sure Jersey City owns the sidewalks. They're a public easement.

This will only make a difference for building complexes, where there are publicly accessible sidewalks inside that complex, owned by the complex.

Posted on: 2015/8/14 14:16
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#5
Home away from home
Home away from home


Hide User information
Joined:
2012/1/11 18:21
Last Login :
2019/12/26 15:30
From GV Bayside Park
Group:
Registered Users
Posts: 5356
Offline
Condo maintenance fees will be sky high in the next few years. As much as I see un-shoveled properties throughout NJ. No Thanks!

Posted on: 2015/8/14 11:33
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#4
Home away from home
Home away from home


Hide User information
Joined:
2011/5/4 18:05
Last Login :
2020/9/18 1:42
From Botswana
Group:
Registered Users
Posts: 214
Offline
Quote:

EasyGibson wrote:
So can I take a dive in front of the embankment?

That dude has never once shoveled a foot of 6th St.


I am not so sure he is responsible. I went through this 18 months ago, when we had that cold spate after the snowstorms (winter '14.) I was complaining about same. But, someone pointed out that technically, he isn't responsible for reasons not entirely clear. But, I do remember it was the city that reacted. Councilwoman Osbourne sent an alert to the guys at the incinerator or sanitation or whatever, and those guys came the next day (sort of.)

Posted on: 2015/8/13 16:57
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#3
Home away from home
Home away from home


Hide User information
Joined:
2015/3/8 23:14
Last Login :
2017/8/17 3:49
From Erie
Group:
Registered Users
Posts: 316
Offline
So can I take a dive in front of the embankment?

That dude has never once shoveled a foot of 6th St.

Posted on: 2015/8/13 16:42
 Top 


Re: You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#2
Home away from home
Home away from home


Hide User information
Joined:
2005/8/6 23:41
Last Login :
2020/8/26 11:59
Group:
Registered Users
Posts: 559
Offline
That's nice but it's important to point out that if the plaintiff is a homeowner within the community then they are essentially suing themselves since the plaintiff will be on the hook for their share of whatever cash has to be paid by the condo association including any legal defense fees.

Posted on: 2015/8/13 14:34
 Top 


You can sue condo association for slipping on its sidewalk, N.J Supreme Court rules
#1
Home away from home
Home away from home


Hide User information
Joined:
2012/1/11 18:21
Last Login :
2019/12/26 15:30
From GV Bayside Park
Group:
Registered Users
Posts: 5356
Offline
Samantha Marcus | NJ Advance Media for NJ.com

The New Jersey Supreme Court ruled Wednesday that homeowners associations can be sued by people who are injured on sidewalks that are privately owned and maintained by the community.

In a 6-0 ruling, the state's highest court found that a woman injured after slipping and falling on an icy sidewalk within an adult community could file a personal injury lawsuit against the homeowners association, which charges its members monthly fees for services like snow and ice removal.

More

Posted on: 2015/8/13 11:08
 Top 








[Advanced Search]





Login
Username:

Password:

Remember me



Lost Password?

Register now!



LicenseInformation | AboutUs | PrivacyPolicy | Faq | Contact


JERSEY CITY LIST - News & Reviews - Jersey City, NJ - Copyright 2004 - 2017