By: Andrew S. Prince, Esq.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks and parking lots are reasonably safe for members of the public who are using them. The law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the sidewalk and parking lots are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of a sidewalk or parking lot that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably commercial or business owner would have done under the same circumstances, then the owner is negligent.
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with Andrew S. Prince, Esq. immediately to retain all your rights. There is never a charge for a telephone call seeking advice. Call Andrew S. Prince, Esq. at (732) 388-5454 or 1-800-TEAM-LAW or email me at [email protected]
What actions must the owner of commercial property take with regard to defects/snow/ice accumulation/dangerous conditions? The action required by the law is action which a reasonable person would take or should have taken in circumstances to correct the defect/snow/ice/ accumulation/ dangerous condition, to repair it/remove it or take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonable person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.
Andrew S. Prince, Esq.
136 Central Avenue
Clark, NJ 07066
1 (800) 832-6529
(732) 388-8711 — Fax
Additional Offices in New Jersey
Edison, East Brunswick, Jersey City,
Newark, Orange, Perth Amboy, Westfield
and West New York