Cracked Sidewalk? Supreme Court Rules Abutting Property Owner Is Liable
"When the Legislature ... fails to provide guidance to property owners and innocent injured parties, it is the responsibility of the courts to do so," writes former Superior Court Judge Louis F. Locascio.
July 22, 2024 at 02:00 PM
7 minute read
Premises Liability
Is a property owner liable for injuries sustained when a person falls on a public sidewalk abutting the owner's totally vacant lot?
Yes, said the New Jersey Supreme Court. Padilla v. Young Il An (A-43-22) (087862) N.J. (2024).
On Sept. 11, 2019, plaintiff Alejandra Padilla tripped and fell on a sidewalk adjoining a vacant lot owned by defendant Young Il An, who had owned the lot for 27 years. When he purchased the lot, An intended to make a profit by constructing a building on the lot. However, other than inspecting it several times per month, he never did anything with the lot. Although the city ordinance required the abutting property owner to keep the sidewalk in repair, An didn't even insure his abutting lot.
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