The New Jersey Superior Court, Appellate Division, recently affirmed the established distinction between residential and commercial sidewalk liability in the matter of Gottsleben v. Annese (Docket No. A-3851-23), decided July 3, 2025. In this notable slip-and-fall decision, the Appellate Division held that residential homeowners who temporarily vacate their property for renovations do not become subject to commercial sidewalk liability standards, reaffirming the existing “bright-line” rule.
Plaintiff Debra Gottsleben alleged she sustained injuries after slipping on an icy sidewalk in front of defendants Christopher and Maureen Annese’s Morristown residence, which was vacant and undergoing renovations at the time. Gottsleben argued that due to the temporary vacancy and property improvements, the homeowners should bear the same liability as commercial property owners. Alternatively, Gottsleben asserted that the homeowners increased the hazard by inadequately clearing snow and ice.
The Appellate Division rejected both arguments and wrote that precedent, including the Supreme Court’s recent decision in Padilla v. Young Il An, 257 N.J. 540, 560 (2024), held that temporary vacancy or residential renovations do not transform residential properties into commercial ones for sidewalk liability purposes. The Appellate Division also concluded Gottsleben failed to provide sufficient evidence that the homeowners worsened the sidewalk’s condition, noting contradictions in her photographic evidence due to intervening snowstorms.
This decision reinforces existing protections for residential property owners, clarifying that renovation activities and temporary vacancies do not trigger enhanced commercial liability standards. Thus, residential property owners remain shielded from sidewalk slip-and-fall claims absent affirmative evidence showing they actively worsened natural conditions.
The full opinion can be accessed here.
For additional information, contact Philip D. Priore, Scott J. Tredwell, and/or Igor Konstankevich.
This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers. This publication is in no way intended to provide legal advice or to create an attorney-client relationship. All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.