Not every scooter injury involves a car. Riders go down on heaved sidewalk slabs, broken curb cuts, uneven parking lot pavement and debris left in a bike lane. Whether someone else is responsible depends on who controls the spot where you fell, and New Jersey has specific rules about sidewalks.
First: were you allowed to ride there?
New Jersey law allows low-speed electric scooters on streets, roadways and bicycle paths and lets them be parked on sidewalks (N.J.S.A. 39:4-14.16(a)). State law doesn't expressly authorize riding on sidewalks, and many towns, including Newark and Asbury Park, prohibit it. If you were riding on a sidewalk where it's banned, a property owner will argue you weren't a foreseeable user. That doesn't automatically defeat a claim, especially if you were walking the scooter or parking it, but it shapes the case.
Commercial property: owners must maintain the sidewalk
In New Jersey, owners of commercial property have a duty to maintain the public sidewalks next to their property in reasonably good condition and can be liable to people injured by their failure to do so (Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981)). That includes stores, restaurants, offices and many apartment buildings run as businesses. Liability generally requires that the owner knew or should have known of the defect and failed to make it reasonably safe.
Residential property: usually no sidewalk liability
Owners of residential property, including owner-occupied homes and, under Luchejko v. City of Hoboken, 207 N.J. 191 (2011), residential condominium associations, generally aren't liable for ordinary deterioration of public sidewalks next to their property. There are exceptions, such as when the owner created the hazard, for example by making a negligent repair or causing damage with tree roots they planted or drainage they redirected. Commercial and residential status can be disputed for mixed-use buildings.
Parking lots, driveways and private paths
Inside private property, ordinary premises liability rules apply. A business owes visitors it invites onto the property reasonable care to find and fix dangerous conditions. Potholes, broken wheel stops, unmarked speed bumps and poor lighting in parking lots are common hazards for scooter riders. Snow and ice falls on New Jersey property.
Public roads and bike lanes
If the defect is in a street, bike lane, public path or a sidewalk owned by a public entity, the claim is against the government, and you must serve a notice of claim within 90 days (N.J.S.A. 59:8-8). Pothole and road-defect claims.
Hazards left by others
- Construction: contractors and utilities that open a street or sidewalk must protect and restore it. Plates that shift, unmarked trenches and loose gravel can make them responsible.
- Parked scooters: a shared scooter dumped in a walkway can cause falls. Shared scooter claims.
- Debris and spills from a nearby business.
Comparative fault
Expect the property owner to argue that you were going too fast, weren't looking, or were riding at night without lights. You can recover if you weren't more than 50% at fault, with your damages reduced by your share (N.J.S.A. 2A:15-5.1). Comparative negligence explained.
Evidence checklist
- Photos of the defect with something for scale, from your riding direction, and of the whole area including the building and any signs.
- The address and the name of the business or building.
- Witnesses and cameras on the property.
- Your scooter and helmet, unrepaired.
- Medical records starting the day of the fall.
The two-year deadline applies to private-property claims (N.J.S.A. 2A:14-2). See our trip and fall and scooter accidents pages.