8/6/2008:
Today’s Hoboken411 Legal Beagle segment deals with dangerous sidewalk conditions, and who’s responsibility it is to fix them. I’ve personally heard a few people having problems with this exact stretch on 11th Street.

Maxwell’s doesn’t care about their sidewalk!
“Who is responsible for ensuring that the sidewalks are maintained and don’t create any potentially unsafe conditions?
Here is one particular area I’m concerned with. It’s near Maxwell’s on 11th Street. This overgrown tree has pushed the sidewalk concrete up to the point where it is unsafe. Furthermore, the street light nearby is not only one of the dimmer ones (not very bright), but the tree is so out of control, it blocks all the light.
I recently tripped and fell on this late one night and badly injured my hand and chipped a tooth.
Is the property owner responsible for maintaining it? Or the city?
What about that overgrown tree? Who is supposed to manage that?
Would a lawsuit be worthwhile?
Much thanks!”

Hoboken411 Legal Beagle says:
Well the Legal Beagle doesn’t specialize in personal injury (PI) cases, but this is the kind of case that makes a PI attorney drool!
Your kind of case is called a slip and fall. Since this is a commercial building, not a one-three family building, the building owner or Maxwell’s itself (depending on the lease) are liable for such an obvious unsafe condition. Since the City of Hoboken may be responsible for this unsafe condition, not likely under NJ law, but if so, you would need to file a Title 59 Torts Claim Notice with the City of Hoboken with 90 days of the accident.
But your job is not to worry about who is responsible but how to get the best possible lawyer. First, you did a great job with the pictures but the attorney you hire must immediately send out an expert to analyze the site (or is that sight, like what a horrible sight, hmm I wish I could cite some authority), and once at the location the expert will take measurements, note the general conditions, including the trees and lights, and then give a professional opinion that the area is unsafe.
SEE THE REST OF THE BEAGLE’S RESPONSE AFTER THE JUMP!!
[Click to continue reading the rest….]
Hoboken, legal advice, Personal Injury, Slip and Fall, Maxwells, Ask the 411 legal beagle