Sidewalk Slip & Fall Claims Can Be Challenging

Sidewalk Slip & Fall Claims Can Be Challenging

Sidewalk Slip & Fall Claims Can Be Challenging

Author: Shebell & Shebell, LLC

Date: October 11, 2022

Category: Blog

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A slip and fall lawyer can determine liability and fight for the compensation you deserve if you fall on public property.

Many slip and fall accidents in Shrewsbury, Newark, and throughout New Jersey happen on sidewalks. Ice and snow can make sidewalks slippery in the winter if the sidewalks aren't cleared. In other months, sidewalks may have cracks, uneven pavement, holes, or other damage that is a tripping hazard. A slip and fall accident on a sidewalk can result in broken bones, ankle sprains, and injuries to the head, neck, or back. Medical expenses can add up quickly, and you may miss time from work. If negligence led to your injury, you deserve financial compensation. But claims involving an accident on public property can be complicated. Legal claims against public entities are covered by Title 59 and the Tort Claims Act. The challenges of a sidewalk slip and fall claim include:


Who is liable for an injury that occurs on a sidewalk? Unfortunately, that isn't always clear. In different situations, the city government or property owners could be found responsible. But each party may also deny any liability. That's why the sooner you talk to a slip and fall attorney about your particular accident, the better.

Proving negligence

To recover financial compensation, you need to be able to prove that:
  • There was a dangerous condition on the sidewalk.
  • The public entity knew or should have known about the dangerous condition.
  • The failure to remedy the situation was "palpably unreasonable."
Types of evidence that can establish negligence include photos, witness statements, city records, and copies of complaints the city received about the sidewalk.


If you are seeking compensation from a city, town, or other public entity, you must give them written notice of your injury within 90 days of the accident under New Jersey law. In general, depending on your situation, you may be able to recover compensation for medical expenses, lost wages, disability or impairment, reduced quality of life, and loss of companionship. However, under the Tort Claims Act, you can only recover compensation for pain and suffering if your injury resulted in a permanent loss of bodily function, permanent disfigurement, dismemberment, or medical expenses exceeding $3,600.

Our slip and fall attorneys can guide you through the legal process.

If you were hurt in a sidewalk slip and fall accident in New Jersey, you can take steps to protect your health and your right to seek financial compensation by taking the following steps:
  • Get medical attention. A doctor can diagnose your injuries and recommend medical treatment. Your injuries will also be documented.
  • Gather evidence. Take photos and video of the sidewalk to document the condition that it was in when you fell. Also, get the names and contact information of any witnesses.
  • Report your injury. Give written notice of what happened to the town or city that owns the sidewalk. This must be done within 90 days.
  • Get legal advice. It's important to know your options. A slip and fall lawyer can give you a clear understanding of what to expect with your potential claim.
At Shebell & Shebell, LLC, our legal team has been fighting for the injured since our founding in 1927. Our experienced slip and fall attorneys know how to build strong cases against public entities and help clients recover the financial compensation they deserve. If you were hurt in a sidewalk slip and fall accident, we can help. Contact us to schedule a free consultation. We can listen to the details of what happened, review your legal options, and answer any questions you have.

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