A recent appellate case, Luchejko v. City of Hoboken, et.al., holds that a condominium association is not liable for dangerous conditions on the public sidewalk abutting the condominium association's property. This recent decision highlights the current status of New Jersey sidewalk liability law. As indicated in prior blogs, a landlord is generally responsible or legally liable for personal injuries as a result of dangerous conditions existing on its property. However, there are significant exceptions when this general rule is applied to public sidewalks within the State of New Jersey.
For purposes of personal injury liability, public sidewalks in the state of New Jersey are basically divided into two categories. The first are those that abut residential premises. The second category includes those public sidewalks that abut commercial premises. As a general rule, a homeowner or an owner of a residential premises will not be responsible for injuries which are the result of dangerous conditions on the public sidewalk abutting their premises. In this regard, it is the local public entity that will be responsible. Of course, there are exceptions to this rule, such as where the owner of the residence actually creates the condition that gave rise to the injury. Further, the public entity's responsibility for injuries occurring on the public sidewalks abutting residences will be tempered (?) limited to the provisions of New Jersey's Tort Claims Act.
On the other hand, owners of commercial premises will be responsible for injuries that are sustained as a result of dangerous conditions contained within public sidewalks abutting those commercial premises. Thus, generally, owners of commercial premises have a duty to properly maintain the sidewalks that abut their property. This duty extends to the removal of ice and snow. The theory behind imposing this duty upon commercial establishments relates to the potential revenue generates by the business and shifting the risk away from the public entities.
In any event, the main difficulty in such cases is determining whether or not the property is "commercial" or "residential." For instance, should a multi-tenant apartment building be considered commercial or residential for the purposes of this analysis? Should a church be considered commercial or residential? Basically, the courts have stated that the test really is whether or not the property has the capacity to generate income. Thus, even residential properties that are owned for investment or business purposes will be classified as commercial under this analysis. Similarly, a parochial school and a fraternity house have also been held to be commercial establishments for purposes of this test.
In the recent case of Luchejko v. City of Hoboken et.al. the issue was whether or not a condominium association should be considered commercial or residential entity because the condominium complex at issue in this case was basically and predominantly an owner-occupied, and the condominium association was a "non-profit" corporation, the court considered that this complex qualified as a residential premises. Accordingly, liability was not extended. However, it appears that the Appellate Division did not provide a blanket rule that all condominium associations should be treated in the same way. Each case must be properly reviewed, examined and analyzed, given its unique facts and circumstances of the incident.
The fact sensitive nature of this type of case makes it crucial that a very skilled attorney analyze all the details and circumstances surrounding the incident that led to an injury at the first possible moment, in order to be legally successful and to sufficiently protect your rights.
