It’s that time of year again: warmer weather, longer days, and runners trading treadmills for sidewalks and trails. For most people, it feels simple: throw on sneakers, pick a route, and go. Sidewalks, trails, parking lots…it’s all fair game. Until it’s not.

The Reality: Outdoor Surfaces Are Not Maintained the Way They Should Be

A lot of running-related falls come down to basic maintenance issues that just weren’t addressed:

• Sidewalk slabs pushed up by tree roots
• Cracks that have been there for months (or years)
• Loose gravel or debris that was never cleared
• Poor lighting in areas people regularly walk and run
• Icy conditions that weren’t treated

None of these conditions are rare. The issue is that they’re often ignored until someone gets hurt.

Where the Law Comes In

In New Jersey, these cases fall under “premises liability.” At a basic level, property owners are required to keep their property reasonably safe.

That said, they are not responsible for every fall. In most cases, New Jersey law requires proof that the owner knew, or should have known, about the dangerous condition. Just because someone gets hurt does not automatically mean there is liability. See Prioleau v. Kentucky Fried Chicken, Inc., 223 N.J. 245 (2015).

Instead, the focus is often on what courts call “constructive notice”: whether the condition existed long enough that a reasonably diligent property owner should have discovered and addressed it.

In some situations, courts also recognize that the nature of a property can make certain hazards foreseeable, even if no one can point to exactly when the condition first appeared. See Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559 (2003).

What About Sidewalks and Public Property?

A lot of runs take place on public property, and that changes the analysis.

Claims against towns or counties are governed by the New Jersey Tort Claims Act, which is not particularly plaintiff-friendly. The standard is higher, and there are strict notice requirements.

The New Jersey Supreme Court addressed this in Polzo v. County of Essex, 196 N.J. 569 (2008), where it made clear that not every defect is enough to create liability. The condition has to be dangerous, and the public entity’s failure to address it has to be “palpably unreasonable.”

In plain terms, that means more than just negligence. The conduct has to be so unreasonable that it goes beyond a simple mistake or oversight, something no reasonable public entity should have allowed to continue.

In practice, that’s a tougher case to prove, but not impossible.

What You Should Do If This Happens

If you’re hurt while running, the small things matter early on:

• Take photos of exactly what caused the fall
• Get medical treatment (even if you think it’s minor)
• Report it if there’s someone to report it to, and ask for a copy of that report
• Don’t wait too long, especially if public property is involved

That last point is critical. In New Jersey, claims against public entities generally require a notice of claim within 90 days. Missing that deadline can prevent you from bringing a claim at all.

The Bottom Line

Not every fall is a lawsuit. But many of these incidents are not just “bad luck” either.

If a property owner or a municipality allows a dangerous condition to exist long enough that it should have been fixed, and someone gets hurt as a result, liability may follow.

Running should be the easy part. The ground you’re running on shouldn’t be the thing that takes you out.