In a recent unreported decision, the Appellate Division upheld the dismissal of a trip and fall complaint arising from an accident on a residential sidewalk.  The plaintiff claimed that the homeowner had planted a tree on his property which caused the sidewalk to become raised and buckled, on which the plaintiff tripped and fell.  The homeowner admitted the condition of the sidewalk but claimed that he had only planted trees in his backyard.  The homeowner did repair the sidewalk, but only after the town issued him a summons for failure to maintain the sidewalk.

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As we have often said, the success or failure of a personal injury case will come down to the facts. A recent unreported Appellate Division decision in a slip and fall case makes that clear.

The plaintiff tripped over an uneven sidewalk abutting the defendant homeowners’ property. She alleged that she tripped because of the elevation of the sidewalk slab and the decorative white stones that had spilled on the sidewalk obscuring the elevation of the sidewalk.

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In a personal injury case, the plaintiff is obligated to prove at trial that her injuries are causally related to the accident. Typically this is accomplished through the use of a medical expert who evaluates the plaintiff, provides an expert report and testifies at trial. This may also involve the use of diagnostic testing to support the expert’s conclusion.

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In New Jersey, accident victims have two years from the date of their accident to file a lawsuit, under the applicable statute of limitations. Any case filed after that deadline is subject to dismissal.

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The New Jersey Tort Claims Act in many ways limits the ability of injured persons to obtain compensation from governmental entities and employees for negligence.

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