New Jersey Supreme Court Expands Duty of Care for Sidewalks Next to Vacant Commercial Properties (CLM)

New Jersey Supreme Court Expands Duty of Care for Sidewalks Next to Vacant Commercial Properties

Monday, September 23rd, 2024 Legislation & Regulation Liability Litigation Property

In a landmark decision, the New Jersey Supreme Court ruled that commercial property owners, even those with vacant lots, must maintain public sidewalks adjacent to their properties in reasonably safe condition. This ruling stems from Alejandra Padilla v. Young II An, where the plaintiff was injured on a sidewalk next to a vacant commercial lot in Camden. The property owners claimed they were not liable because the lot was not generating income, relying on earlier precedent that exempted vacant commercial property owners from sidewalk maintenance duties.

The Supreme Court rejected this argument, clarifying that all commercial landowners, regardless of whether their property generates income, have a duty of care toward pedestrians on adjacent sidewalks. This decision overturns prior rulings and establishes a consistent rule that applies to all commercial properties. The ruling underscores the importance of sidewalk maintenance, ensuring uniform responsibilities for landowners and greater safety for pedestrians.


External References & Further Reading
https://www.theclm.org/Magazine/articles/supreme-court-rules-duty-of-care-for-sidewalks-adjacent-to-vacant-commercial-lots/3085
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