Cohn Lifland Pearlman Herrmann & Knopf LLP
Call Today:
201-845-9600

Sidewalk Liability Law: Who Has the Duty to Clear Ice and Snow?

Fotolia_52956667_M-768x503.jpgOn August 12, 2015, the issue of whether the homeowners association and management company of a common-interest community had the duty to clear snow and ice from the community's prviate sidewalk was decided by the Supreme Court of New Jersey in the case of Cuiyun Qian v. Toll Brothers, Inc., 2015 WL 4743054. In Qian, the Supreme Court reversed the lower courts' reliance and application fo Luchejko v. City of Hoboken, 207 N.J. 191 (2011), which held that the condominium association and the management company were immune from suit for allegedly failing to clear ice from the public sidewalk. In Qian, the Supreme Court held that the immunity of a property owner from personal injury claims on a public sidewalk addressed in Luchejko did not apply to the homeowners association and the management company of the common-interest community. The sidewalk on which the plaintiff was injured was a private sidewalk as it was part of the common area, which was owned and maintained by the homeowners association in accordance with the association's by-laws and statutory obligations.

No Comments

Leave a comment
Comment Information

No Firm In Northern New Jersey Has More Experience Than We Do. Call 201-845-9600 Today To Put Our Knowledge On Your Side.

Email Us For a Response

Contact Northern New Jersey's Premiere Law Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cohn Lifland Pearlman Herrmann & Knopf LLP
Park 80 West-Plaza One
250 Pehle Avenue
Suite 401
Saddle Brook, NJ 07663

Phone: 201-845-9600
Fax: 201-845-9423
Saddle Brook Law Office Map

Review Us