Legal Question in Federal Tort Claims in New Jersey

Fall on Wildwood, New Jersey boardwalk

How much responsibility is assumed by a municipality that has a Tort Claims Act?

I fell on a faulty, uneven boardwalk owned by the municpality, and sustained a severe fracture to my elbow which required surgery. Prognosis is yet to be determined.

Asked on 7/07/07, 11:36 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Fall on Wildwood, New Jersey boardwalk

Public entitities are responsible for palpably unreasonable dangerous conditions on public property that cause injury to individuals using the property in an expected manner. That may sound like a bit of legal mumbo jumbo, but it is the legal standard. To really understand it, you should seek an attorney(s), like our firm, who are experienced in handling this type of case to explain the law further and see if there is legal responsibility.

It is VERY important to note that a Tort Claims Notice must be filed within 90 days of the accident or the claim will be barred. Again, an attoreny can assist you with this and make sure that the law is followed.

Finally, any injury you seek to recover for must either be serious permanant injury or scar. Otherwise, the law prohibits recvery. An experienced attorney can help to determine if the injury qualifies and present it so that the claim is properly recognized.

Please feel free to contact me at 800-34-NJ-LAW if you wish to discuss.

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Answered on 7/07/07, 11:50 am

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