Who is responsible for sidewalk repair in NJ towns?

A lifted slab in front of your house or business raises two questions: who has to fix it, and who is responsible if someone trips on it? In New Jersey, the answer depends a lot on whether the property next to the sidewalk is residential or commercial, and on your town's ordinance. Here's the general picture.

Homes: generally not liable, with exceptions

In Stewart v. 104 Wallace Street (1981), the New Jersey Supreme Court drew a line between residential and commercial property. Under the cases that followed, residential owners generally have no duty to maintain the public sidewalk in front of their homes.

The exception is when the owner caused or contributed to the defect. Courts have looked at things like a tree on the owner's property whose roots lifted the slab, or a sump pump discharging onto the walk. The details of each case matter.

Businesses: a duty to maintain

Commercial property owners are treated differently. Under Stewart and later cases, including Mirza v. Filmore Corp. (1983) and Luchejko v. City of Hoboken (2011), a commercial owner can be held liable for a dangerous sidewalk condition next to the property, including snow and ice. The courts' reasoning is that businesses benefit from the foot traffic and can plan for maintenance and insurance.

Some properties fall in between, such as multi-family buildings, condominiums, churches and vacant lots. Those are decided case by case.

Town ordinances and repair notices

Many New Jersey towns have ordinances that require property owners to keep the sidewalk in repair and to clear snow. In Brown v. Saint Venantius School (1988), the Supreme Court said these ordinances don't make a residential owner liable to someone who gets hurt, but the town can still enforce them with notices and fines.

If you get a repair notice, read it closely. It usually tells you which sections are marked, the deadline, and whether you need a permit. Some towns offer to do the work and bill the owner.

What the repair usually involves

Sidewalk work in the public right-of-way is usually done to the town's specifications. Expect some or all of these:

• A permit from the town's engineering or construction office before work starts
• Removing the damaged flags (sections) completely, not patching over them
• A compacted stone base, forms set to the town's required width and thickness, and control joints
• A thicker section through driveway aprons
• If roots are involved, approval from the town or its shade tree commission before roots are cut
• An inspection before or after the pour, depending on the town

Ask your contractor to confirm the town's specs in writing before the work is priced.