$145,000 Settlement for a Trip and Fall at a shopping center, Glassboro, New Jersey

A lawsuit brought by a pedestrian that tripped and fell while walking along the sidewalk on their premises. The plaintiff fell on the hazardous condition that was the elevation differential of one-half inch (1/2”) on the sidewalk at the shopping center in front of the nail salon.  The American Society for Testing and Material (ASTM) identifies the elevation differential of one-half (1/2”) as a hazard requiring treatment of a beveled edge with a slop profile of one (1) unit vertical and two (2) units horizontal. The law requires the owners of a property to maintain the sidewalk in a safe condition by either performing a repair or by placing a warning such as spray paint on the sidewalk at this accident location to inform of this hazardous elevation differential.

An owner or possessor of real estate is liable for personal injury…arising from a dangerous condition …including the dangerous acts of a third parties on the land where the owner or possessor should have reasonably anticipated the injurious occurrence when either, the injured party is an invitee or business guest…and the negligent owner or possessor of real estate…was aware of circumstances given rise to the reasonable probability that a dangerous condition would develop, or could have discovered the dangerous condition.

The owner of land abutting public sidewalk may be liable to pedestrian who is injured as result of dangerous condition irrespective of fact that nature or some third person may have caused condition.  Mirza v. Filmore Corp. 92 N.J. 390 (1983).