Mark & Galusha, are Landlord Tenant Attorneys representing land lords and tenants throughout Hoboken and all of Hudson County, New Jersey

Did you know that a property owner can be held liable for personal injuries resulting from a dangerous condition on their property. However, in the New Jersey, this general rule does not always apply to public sidewalks. In New Jersey, it is the local public entity - not the homeowner of a residential premise - who is liable for injuries suffered by a third party resulting from a dangerous condition on the public sidewalk in front of a residential premise. This holds true except in cases where the landlord actually created the dangerous condition.

The responsibility shifts back to the property owner when dealing with injuries resulting from a dangerous condition contained within a public sidewalk in front of a commercial premise. For example, landlords of commercial premises have a duty to remove snow and ice. Thus, when determining the issue of liability, courts must first determine whether the property is commercial or residential. However, not every property fits nicely into one category. For example, should a church be considered a residential or commercial property? The courts have ruled the test is whether or not the property has the capacity to generate income.

In the recent case of Luchejko v. City of Hoboken, the court determined a condominium association should be considered a residential entity and not liable for dangerous conditions on the public sidewalk in front of association's property. However, the court did not go as far to say every condominium association should and would be considered a residential entity. In the above matter, the court noted factors such as the building being predominantly owner occupied and the association being non-profit as reasons for its residential classification.

Ultimately, it is important to have an experienced attorney look at the specific factors and circumstances of your case in order to determine your legal rights.

Mark & Galusha, Lawyers handling landlord tenant matters in Hoboken, Hudson County, New Jersey

If you are a landlord seeking to redress against a tenant, please contact Mark & Galusha, your landlord tenant attorneys in and Hoboken, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.