Modern OG history—–2018. Just Wondering: Who will be the defendant if someone gets hurt tripping on one of our ridiculous curbs, sidewalks, or grassy strips?
A typical dangerous curbside situation in Ocean Grove. Blogfinger photo. Aug. 2018
…..and the sidewalks are often in bad shape.
OG August 2018. Blogfinger photos.
By Paul Goldfinger, Editor@Blogfinger
So here is the question: If someone falls due to these dangerous sidewalks and curb-sides (including grassy strips which have plants or holes in the ground) and has an injury, who will the “slip and fall lawyer” sue? Who will be the defendant: Will it be the Township, or the CMA, or the homeowner—or all three?
This blog regarding curb conditions was very interesting and timely.
My son while parking coincidentally hit the curb in front of a house on Franklin Ave. The tree in front of the house has grown so much over the years that it has caused the curb to jut out onto the street. The large slate slab juts out significantly. The car tire hit that and it blew out the tire, cracked the wheel/rim, and the wheel will not turn (we discovered this after we changed the tire). This all as a result of pulling up to the curb at less than 10 miles per hour.
We called the Township and were told curbs are a homeonwner’s responsibility. The house is abandoned, and a letter and or a law suit is likely a waste of time. The car was otherise in great condition, but with 103,000 miles not worth the expensive repair so I’m donating the car to Cards for Kids, a worthy cause.
-With a minor injury, the Home Owner’s Insurance will settle
– More substantial injuries, all 3 will settle up
– A major injury enters into uncharted territory that a Judge and Jury will give you the answer.
Most responsible may be the Township for receiving ‘Block Grant Money’
and using it to repair and maintain the pedestrian right-of-way. all over Neptune
Township except Ocean Grove, and ignoring a 1980’s Court Order.
I asked a lawyer who did not have a ready answer, but she thought it was likely that all three would be named in a suit. She said that homeowners must maintain their strips to protect themselves.
Have you seen the walkways along Lake Avenue? Dangerous and deplorable!
This blog regarding curb conditions was very interesting and timely.
My son while parking coincidentally hit the curb in front of a house on Franklin Ave. The tree in front of the house has grown so much over the years that it has caused the curb to jut out onto the street. The large slate slab juts out significantly. The car tire hit that and it blew out the tire, cracked the wheel/rim, and the wheel will not turn (we discovered this after we changed the tire). This all as a result of pulling up to the curb at less than 10 miles per hour.
We called the Township and were told curbs are a homeonwner’s responsibility. The house is abandoned, and a letter and or a law suit is likely a waste of time. The car was otherise in great condition, but with 103,000 miles not worth the expensive repair so I’m donating the car to Cards for Kids, a worthy cause.
And when the boardwalk is icy in the winter because CMA didn’t clean it they should be liable if someone falls.
-With a minor injury, the Home Owner’s Insurance will settle
– More substantial injuries, all 3 will settle up
– A major injury enters into uncharted territory that a Judge and Jury will give you the answer.
Most responsible may be the Township for receiving ‘Block Grant Money’
and using it to repair and maintain the pedestrian right-of-way. all over Neptune
Township except Ocean Grove, and ignoring a 1980’s Court Order.
I asked a lawyer who did not have a ready answer, but she thought it was likely that all three would be named in a suit. She said that homeowners must maintain their strips to protect themselves.
Great question. Hope someone has the answer. I often walk in the street to avoid broken curbs and raised sidewalks.