The 90-Day Notice Requirement for Falls on Hackensack Government Property

A fall on a poorly maintained sidewalk or public walkway introduces immediate challenges. A lesser-known complication arises when the fall happens on public land, triggering a set of rules that can quickly bar your ability to seek accountability. 

A slip and fall on government property in New Jersey is governed by the Tort Claims Act, which contains a strict 90-day deadline that many people discover only after it has passed. 

This shorter deadline applies in conjunction with the standard two-year window that applies to most other injury claims. An experienced attorney can provide crucial guidance on these specific procedures from the very beginning.

Key Takeaways for Slip and Falls on Government Property

• You generally have only 90 days from the date of the incident to file a formal Notice of Claim with the correct government entity.
• The New Jersey Tort Claims Act provides significant protections to government bodies, making these claims complex.
• Government property can include city sidewalks, public parks like Foschini Park, municipal buildings, and county roads.
• Successful claims often depend on proving that the government was aware of a dangerous condition and its failure to act was unreasonable.
• Promptly hiring a lawyer helps you meet these strict deadlines and preserve important evidence for your case.

What Defines Government Property in Hackensack?

Identifying the responsible party after a fall involves determining who owns and controls the location where the incident occurred. In Hackensack, government property is extensive and not always obvious. 

These public spaces can be owned by the city, Bergen County, or the state of New Jersey, and each responsible entity requires its own separate Notice of Claim within 90 days. A slip and fall on government property may happen in numerous places you encounter daily.

Publicly-owned properties often include:

• Municipal Sidewalks: In New Jersey, sidewalk responsibility near residential homes can fall on the city or the adjacent property owner, depending on local rules; a cracked sidewalk isn’t automatically the city’s responsibility.
• City Buildings and Facilities: This category includes locations like the Hackensack City Hall, public libraries, and community centers with hazards like wet floors or broken steps.
• Public Parks and Recreation Areas: Locations such as Borg’s Woods and Staib Park contain pathways, playgrounds, and parking lots that fall under city or county jurisdiction.
• Parking Lots and Garages: Government-operated parking facilities for public transit or municipal buildings also count as public property.
• Roads and Crosswalks: City and county roads, like parts of Main Street or Essex Street, along with their crosswalks and medians, are maintained by government entities.

Determining the correct entity is a critical first step. An injury on a county-maintained road that runs through Hackensack, for instance, requires a notice to Bergen County, not the city. 

An attorney helps investigate property records to identify the correct public entity, a crucial step before the 90-day notice period expires.

The New Jersey Tort Claims Act and Your Case

Government entities in New Jersey are protected by a legal concept called sovereign immunity, which limits their liability for injuries. The New Jersey Tort Claims Act outlines the specific and limited circumstances under which a person can bring a claim against a public entity. 

Pursuing a claim for a slip and fall on government property means you must follow the strict rules laid out in this Act. Failure to comply with these procedures, particularly the deadlines, often results in the permanent loss of your right to seek compensation.

The Critical 90-Day Notice of Claim Deadline

The most important requirement under the Tort Claims Act is the deadline for the Notice of Claim. You have only 90 days from the date of your injury to formally notify the responsible public entity of your intent to seek damages. 

This is not a lawsuit. It’s a mandatory preliminary step that allows the government time to investigate the incident.

This short 90-day window is a common pitfall. Many people assume they have two years, the standard statute of limitations for personal injury cases in New Jersey. 

That two-year deadline still exists for filing the actual lawsuit, but you cannot file a lawsuit unless you have first submitted a timely Notice of Claim within 90 days of your fall.

Missing this 90-day deadline is almost always fatal to a case. While there are very rare exceptions for “extraordinary circumstances,” simply not knowing about the rule isn’t an excuse the courts typically accept. 

Demonstrating a Dangerous Condition

Another significant hurdle in a claim involving a slip and fall on government property is proving the existence of a dangerous condition. The Tort Claims Act defines this as a condition of property that creates a substantial risk of injury when used with due care. 

A minor, trivial, or insignificant defect in a sidewalk might not meet this legal standard.

To build a case, you must demonstrate several elements:

• Dangerous Condition: The property was in a dangerous condition at the time of the injury.
• Direct Causation: The injury was directly caused by the dangerous condition.
• Foreseeable Risk: The dangerous condition created a foreseeable risk of the type of injury that occurred.
• Government Notice: The public entity either created the condition or had actual or constructive notice of it in time to have taken protective measures.
• Palpably Unreasonable Conduct: The public entity’s failure to protect against the dangerous condition was palpably unreasonable.

Constructive notice means the defect existed for a long enough time that the public entity reasonably should have discovered it. Evidence of prior complaints about the same hazard can be very powerful in establishing notice.

The Palpably Unreasonable Standard

Finally, your lawyer must show that the public entity’s action, or lack of action, to protect against the dangerous condition was “palpably unreasonable.” This is a much higher standard than simple carelessness or negligence. 

The term has been defined by New Jersey courts to mean behavior that is “patently unacceptable under any given circumstance.” Your attorney must show that no prudent person would approve of the government’s course of action or inaction.

For example, if the city received multiple complaints over many months about a large, broken section of sidewalk near a busy bus stop and did nothing to fix it, a jury might find that inaction to be palpably unreasonable. 

This high bar is one of the biggest challenges when suing a municipality for a slip and fall. A lawyer can help evaluate whether the facts of your case meet this demanding standard.

Gathering Evidence After a Fall on Public Property

Strong evidence is vital in any personal injury claim, but it’s imperative when you must meet the high standards of the Tort Claims Act. The evidence you collect helps prove the existence of a dangerous condition, establish that the municipality knew about it, and show how the fall caused your injuries. 

After you have addressed your immediate medical needs, you can begin to preserve crucial information for a potential claim.

Here are key pieces of evidence to gather:

• Photographs and Video: Take clear pictures of the exact hazard that caused your fall from multiple angles and distances. Include surrounding landmarks to establish the location and photos of your injuries.
• Witness Information: Collect the names and contact details of anyone who witnessed your fall or can provide information about the hazardous condition. Their testimony may help establish how long the danger was present.
• Official Reports: Report the incident to the appropriate municipal department, such as the Hackensack Department of Public Works. Obtaining a copy of any official report creates a valuable record.
• Medical Documentation: Keep detailed records of all doctor visits, hospital stays, physical therapy sessions, and related medical expenses. This documentation links your injuries to the fall.
• Preserving Footwear and Clothing: Store the shoes and clothes you were wearing at the time of the incident in a safe place without cleaning them. They may serve as evidence in your case.

How a Lawyer Can Help After a Slip and Fall on Government Property

The complexities of the New Jersey Tort Claims Act present many challenges that an experienced personal injury attorney can address. Attempting to manage a claim for a slip and fall on government property alone exposes you to significant risks, including missing critical deadlines that can end your case before it begins.

An attorney assists with your claim in the following ways:

• Meeting Strict Deadlines: A lawyer ensures your Notice of Claim is correctly filled out with all statutorily required information and filed with the proper government entity before the 90-day deadline expires.
• Investigating the Incident: A legal team can launch a thorough investigation to determine who owns the property, uncover maintenance records, and find evidence of prior complaints about the hazard.
• Building a Strong Case: Your lawyer gathers evidence to prove the existence of a dangerous condition and works to build an argument that the government’s inaction was palpably unreasonable.
• Handling All Communications: Your attorney manages all correspondence with municipal attorneys and insurance adjusters, protecting you from tactics designed to weaken your claim.
• Filing a Formal Lawsuit: After six months have passed since the public entity received your Notice of Claim, your lawyer can file a formal lawsuit in court before the two-year statute of limitations runs out.

FAQ for Slip and Falls on Government Property

What Information Goes Into a Notice of Claim?

A Notice of Claim must include your name and address, the address where you want notices sent, the location, date, and a detailed description of the incident, a general description of your injuries, the names of any public employees involved if you know them, and the amount of damages you are claiming. 

Some municipalities have their own specific forms that you must use.

Can I Sue if I Slipped on Ice on a City Sidewalk?

Claims involving snow and ice are particularly difficult under the Tort Claims Act. Government entities often have immunity for injuries resulting from natural weather conditions, especially on streets and highways. 

However, liability may be possible if the entity’s own negligent actions created an unnatural or more hazardous ice condition, such as runoff from a poorly placed drainpipe freezing on a walkway.

What Counts as a Palpably Unreasonable Action by a Government Entity?

Palpably unreasonable conduct is an action or inaction that is more than just ordinary negligence. It is a decision that is “patently unacceptable under any given circumstance.” Essentially, the choice made by the public entity must have been so poor that no reasonable person would have made it.

What Happens if I Miss the 90-Day Deadline for a Slip and Fall on Government Property?

Missing the 90-day Notice of Claim deadline almost always bars you from recovering compensation. The law only permits late filings, up to one year after the incident, in “extraordinary circumstances,” and courts interpret this exception very narrowly. 

Not knowing about the law isn’t considered an extraordinary circumstance.

Does the Government Have To Respond to My Notice of Claim?

The government doesn’t have to respond to your notice. After you file the notice, a six-month waiting period begins, during which the public entity can investigate your claim. 

Once those six months pass, you have the right to file a lawsuit, regardless of whether they have responded or denied your claim.

Let Us Handle the Legal Fight

Following a slip and fall on government property, a series of legal hurdles crop up that demand immediate and informed action. The 90-day notice deadline is unforgiving, and the Tort Claims Act sets a high bar for holding public entities accountable. 

The attorneys at Maggiano, DiGirolamo & Lizzi, P.C. have extensive experience with claims against public entities across New Jersey, including Hackensack. We understand the specific requirements of the Tort Claims Act and are prepared to protect your rights. 

Fill out our online form today to discuss your case for free.