New Jersey Supreme Court Finds Homeowner Associations Liable for Injuries on Private Sidewalks
In a unanimous decision, the New Jersey Supreme Court ruled that a condo homeowners’ association can be liable in a personal injury case for negligently maintaining sidewalks, where the sidewalk was a “private” sidewalk within the residential community and the association had undertaken a duty to maintain the sidewalk. In doing so, the court reversed the ruling of the lower appellate court and made a clear distinction between a homeowner association’s liability for accidents occurring on public sidewalks abutting the property and those occurring on private sidewalks within the property.
The case of Qian v. Toll Brothers Inc. involved a woman who lived at an “over-55” age-restricted retirement community, consisting of 102 detached single-family homes on 32.5 acres of land. Each homeowner held title to only his or her own home, and all other areas of the property were owned and maintained by a homeowners’ association which was funded by obligatory fees paid by the homeowner. The woman, whose son actually held title to the home, fell on a private sidewalk within the community that had not been salted following nine hours of freezing rain which came on the heels of a snowstorm several days prior, resulting in accumulated snow. The bylaws and founding documents of the homeowner’s association gave the association exclusive control over the private sidewalks within the community and required the association to maintain them. The association also took out liability insurance related to potential accidents occurring within the community.
A lower court had found that the homeowners’ association was not liable based on a 2011 case entitled Luchejko v. City of Hoboken, where the New Jersey Supreme Court found that a homeowners’ association was not liable for a slip and fall that occurred on a public sidewalk abutting a condominium development. In Qian, however, the court distinguished the facts of Luchejko, finding that, while a homeowners’ association will not be liable for accidents occurring on public sidewalks abutting its property (note that in New Jersey, residential owners are not liable for accidents occurring on public sidewalks in front of their house, but commercial owners can be liable for accidents on public sidewalks abutting their property), it can be liable when accidents occur on private sidewalks which the homeowners’ association owns and has exclusive control over. The court relied on the facts that the homeowners’ association had included statements regarding its control over and pledge to maintain the sidewalks in its own documents and had indeed taken out liability insurance for just such a scenario in finding that it could be liable. It is important to note that although the sidewalks in the Qian case were not blocked off from public use, they were nevertheless considered private for purposes of premises liability.
Premises liability cases can be very difficult to bring due to challenges in proving issues of fact, including injuries, causation, the presence of a hazardous condition, and a breach of duty on the part of the property owner in failing to address the condition, but the attorneys at Massood Law Group can help. They have the experience, knowledge and skills to investigate a slip and fall case to determine liability and prove your case in court. If you have been injured due to a slip and fall or other injury on another’s property in the Wayne, New Jersey area and surrounding counties, contact the personal injury attorneys at Massood Law Group, LLC. Call today for an evaluation of your possible lawsuit at 1-844-4MB-HURT or 973-696-1900.
