Sidewalk and Public Property Falls in New Jersey

Per New Jersey's model jury charge, a residential owner next to a public sidewalk is not responsible for defects caused by the elements or ordinary wear and tear, unless the owner negligently built or repaired it or created the hazard through its own activity. A commercial property owner (including the owner of a vacant commercial lot) must use reasonable care to keep the abutting sidewalk in reasonably good condition and is chargeable with notice of conditions that reasonable observation would reveal. A city or other public entity is liable for a dangerous condition of its property only under the Tort Claims Act: the plaintiff must show the condition was dangerous and caused a foreseeable injury, and either an employee created it or the entity had actual or constructive notice in time to protect against it, and liability requires that the entity's action or inaction was 'palpably unreasonable.'

Under the New Jersey Tort Claims Act, a claim for injury or death against a local public entity (city, county, school board, etc.) must be filed with that entity within 90 days after the claim accrues; claims against the State go to the Attorney General or the agency involved. The claimant may sue after six months from when the entity received the notice, and no suit may be filed later than two years after accrual. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity is not substantially prejudiced. There is no pre-judgment interest or punitive damages, and pain-and-suffering damages are barred except for permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims).

Under the New Jersey Tort Claims Act, a notice of claim for death or injury to person or property must be presented to the public entity within 90 days after the claim accrues. A lawsuit may be filed after six months from when the entity received the notice, but no later than two years after the claim accrued. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity was not substantially prejudiced. Public entities are not liable for interest before judgment or punitive damages, and pain and suffering damages are generally not allowed unless there is permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims).

Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues.