New Jersey Supreme Court Allows People to Sue Condo Associations for Slip and Falls on Sidewalks.

Statistics show that almost 80% of all slip and fall injuries are due to snow and ice. Some slips and falls on snow and ice are simply accidents with minor injuries. There are other instances, however, in which a slip and fall on an icy patch leads to more severe injuries, such as cuts and bruises, back pain, sprains, and broken bones. Unfortunately, in many of these cases, the slip and fall on ice is the result of the negligence of the property owner. A property owner is negligent if he or she fails to properly remove the snow or ice or fix a condition, which creates an unreasonable hazard.

Last week the New Jersey Supreme Court ruled that homeowner’s associations can be liable to people who are injured on their sidewalks that are privately owned and maintained by the association. This ruling came after the court heard a case brought by Cuiyun Qian. Accoding to nj.com, Qian sued the Villas at Cranbury Brook in Plainsboro, New Jersey after she slipped on a sidewalk and injured her wrist and shoulder. The association did not have their contractor come and ice the sidewalks after several snowy days in December. Qian filed a lawsuit against the developer, management company, landscape contractor and homeowner’s association. Both the trial court and appellate court ruled in favor of the defendants and stated that the interior sidewalks “functioned like the public sidewalks of any residential development.”

However, the Supreme Court reversed the lower courts’ decisions. The court focused on who owns the sidewalks rather than on who uses the sidewalks. With this ruling, the Supreme Court will now allow those injured from icy or snowy sidewalks to file a personal injury lawsuit against the homeowner’s association.   Often times, these very same associations charge its members monthly fees that include services such as snow and ice removal. This decision requires homeowner’s associations to accept responsibility in ensuring that their sidewalks are properly maintained and their premises are safe.

Our Boston snow and ice accident lawyer specialists are available 24/7. Please call our attorney experts today at 617-787-3700 or email us at info@gilhoylaw.com.

This entry was posted in Boston Accident Lawyer, Boston Personal Injury Lawyer, Boston Premises Liability Lawyer, Boston Slip and Fall Lawyer, Massachusetts snow and ice accident attorney. Bookmark the permalink.

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