As summer turns to autumn in New Jersey, the summer green leaves turn brilliant colors of red, gold, and then brown and fall from trees.
Our clocks “fall” back an hour in November, meaning darkness earlier in the day.
What many people don’t realize is that these wet leaves and less light due to Daylight Savings Time often create a risk for slip and fall injuries – some of which can be serious and require medical treatment.
Wet leaves can be just as dangerous as ice and snow when they become slippery.
Pedestrians may not notice that wet leaves are covering a crack in the sidewalk that will cause them to trip and fall.
The impact of the changing light due to Daylight Savings Time also can make it difficult to see hazards on the road or sidewalk.
Serious injuries caused by slipping and falling because of wet leaves include:
· Broken bones
· Torn ligaments and tendons
· Sprains
· Soft tissue injuries
· Concussion
· Traumatic brain injury
It is the responsibility of both property owners and municipalities to remove leaves from sidewalks, parking lots, and public areas so leaves are not a hazard to pedestrians.
If they haven’t cleared the leaves, and a person suffers an injury due to that hazard, they could be held liable.
In New Jersey, property owners are obligated to provide a safe passage for pedestrians visiting their property. This also includes publicly-owned sidewalks adjacent to or in front of the property.
The responsibility to get rid of wet leaves from sidewalks does not always mean the property owner could be held liable for any injuries suffered if someone slips and falls.
Rental property owners are held liable for injuries if the homeowner has created a dangerous condition.
If a property owner planted a tree and the roots pushed through the concrete sidewalk to make it uneven – in addition to a slippery condition caused by leaves – it may be possible to file a personal injury claim.
Leaves left on the road also are a concern for motorists.
Wet leaves hide potholes, create slippery conditions on streets and roads, clog storm drains, and can cause flooding after a rainstorm.
If you are injured in a fall or vehicle crash, seek medical attention as soon as possible.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570