Comparative and Contributory Negligence

7.15 – Negligence – Care Required of Pedestrian on Sidewalk

7.15 Negligence – Care Required of Pedestrian on Sidewalk

  1. In General
    A pedestrian using the sidewalk must act with the same amount of care for her/his own protection as a reasonably careful person would have exercised under similar circumstances. In order to determine whether or not the pedestrian acted reasonably, you must decide whether a reasonably careful person would have discovered the danger which existed in this case and would have avoided it.
  2. Artificially Created Conditions for Private Use
    A pedestrian using the sidewalk is required to exercise reasonable care for her/his own safety, however, a pedestrian is entitled to assume that there is no dangerous impediment or pitfall on any part of the sidewalk. The law does not require that a pedestrian anticipate dangerous conditions. A pedestrian is not negligent merely because she/he does not look for dangerous conditions; however, when or if a pedestrian sees or is aware of a dangerous condition, then she/he must exercise reasonable care to avoid that condition.


« Previous      Next »

Awards

Recognition held by some of our attorneys:

Tell Us About Your Case

Don’t hesitate. Don’t wonder. Don’t field questions from aggressive insurance companies. Contact Gill & Chamas, LLC today.

Contact Us

We serve clients throughout New Jersey

Townships
  • Woodbridge
  • New Brunswick
  • East Brunswick
  • Edison
  • North Brunswick
  • South Brunswick
  • Piscataway
  • Linden, Clark
  • Rahway
  • Middletown
  • Old Bridge
  • Sayreville
  • Perth Amboy
  • Elizabeth
  • Newark
  • Union
  • Middlesex County
  • Union County
  • Somerset County
  • Monmouth County
  • Mercer County
  • Hudson County
  • Bergen County
  • Ocean County
Counties
  • Atlantic County
  • Bergen County
  • Burlington County
  • Essex County
  • Mercer County
  • Middlesex County
  • Monmouth County
  • Ocean County
  • Passaic County
  • Somerset County
  • Sussex County
  • Union County
  • Warren County

Contact Us

655 N Florida Grove Road
Woodbridge, NJ 07095

Phone: 732-324-7600
Fax: 732-324-7606