Fall downs on Snow and Ice Accumulation and Other Dangerous Conditions
in parking lots and 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.
More info at: http://www.njlaws.com/fall_down_injuries_on_snow.htm 