When a fall happens outside the store, not inside it
You fall on an icy public sidewalk just outside a store, not inside the building. For years, that location made a major difference in New Jersey premises-liability cases. The Supreme Court's 2024 decision in Padilla v. Young expanded the duty commercial property owners owe on the public sidewalks abutting their property.
Until recently, proving liability in that situation was difficult. Under longstanding New Jersey common law, property owners -- whether residential or commercial -- were only liable for sidewalks they negligently constructed or repaired, not for general maintenance.
What Padilla v. Young changed
That changed in Padilla v. Young, 257 N.J. 540 (2024). In this decision, the New Jersey Supreme Court held that commercial property owners now have a legal duty to maintain the public sidewalks that abut their property. The Court emphasized fundamental fairness, concluding that these owners are responsible for keeping sidewalks in reasonably good condition -- not just structurally sound, but also safely maintained.
This decision broadens the options for injured pedestrians seeking compensation. Victims no longer need to prove that a sidewalk was broken or improperly constructed -- only that it was poorly maintained, such as being left icy or slick without treatment.
An Illustrative Decision Point
Consider a hypothetical fall on an icy sidewalk beside a storefront shortly after opening. The location alone does not resolve the claim. Counsel would still need to identify the property and business relationships, document the condition, determine what maintenance occurred, and connect the fall to the claimed injuries.
Preserve photographs or video of the sidewalk, the exact location and time, witness information, the incident report, footwear, and medical records. Records concerning inspection, snow or ice treatment, and maintenance responsibility may also matter. The decision question is not simply whether Padilla exists, but whether the evidence supports duty, breach, causation, and damages in the particular setting. This hypothetical does not predict liability.