If a property is not maintained by the party that owns it, it can become dangerous for people who come onto the grounds. When an individual sustains an injury as a result of a hazardous condition on the property, the property owner may be liable for negligence through premises liability law. The argument for a lawsuit, in this case, is that the property owner breached their duty of care, thus causing the individual’s injuries. Premises liability claims can arise in many different locations, including private residences, commercial spaces, public property, and even parking lots. Understanding how these claims work is critical for those who have suffered injuries to determine the legal options available to them. Read on to learn more about premises liability in New Jersey.
What Is Premises Liability in New Jersey?
Premises liability refers to a type of personal injury claim that occurs when someone sustains injuries as a result of unsafe conditions on another person’s property. In New Jersey, property owners have a legal duty to maintain safe conditions on their property and remedy hazards that could foreseeably result in harm to an unsuspecting visitor.
As such, if an owner knew about or should have known about a hazard on their property but failed to fix the issue, they may face liability for the damages caused by that condition.
Quick Facts About New Jersey Premises Liability
- This is a type of negligence claim centering around dangerous property conditions
- Property owners can face liability if they knew or should have known about the hazard
- The injured party must demonstrate that the owner’s failure to fix the danger directly caused their injuries
- These claims generally entail slips and falls, inadequate lighting, or unsafe walkways
- Compensation can help cover damages like medical bills and lost wages
Duty of Care Property Owners Owe in New Jersey
Property owners have a duty of care to those who are legally on their premises. This generally requires the property owner to ensure that the premises are in reasonably safe conditions and take reasonable steps to address any potential hazards or dangers that can pose a risk to visitors.
This obligation is owed to those who are legally on the premises, like customers or social guests. In some instances, it may even extend to trespassers.
Types of Visitors Recognized Under Premises Liability Law
- Invitees
- Those invited onto the property for business purposes
- Can include customers in a store or delivery drivers
- Property owners owe the highest duty of care to invitees
- Licensees
- Those legally on the premises for non-business-related reasons, like social guests
- Owners are required to warn licensees about known dangerous conditions
- Trespassers
- Those who are on a property without permission from the property owner
- Generally owed limited duty, but property owners may be liable if they knowingly allow a dangerous condition that could cause serious bodily harm
Common Types of Premises Liability Accidents
Dangerous property conditions may arise in a number of ways. In the event a hazard is not addressed by the property owner in a timely manner, it can result in serious injuries for visitors. Claims generally involve unsafe conditions that property owners fail to remedy, warn of, or reasonably prevent.
Common Premises Liability Incidents
- Slip and fall accidents caused by wet floors, uneven surfaces, or hazards
- Dangerous conditions like broken stairs, damaged sidewalks, or unanchored carpeting
- Inadequate security resulting in assaults or criminal activity
- Inadequate maintenance, including failure to remedy structural issues
- Poor weather conditions that property owners do not address
- Inadequate lighting in parking lots, stairwells, and entryways
What Should You Do If You Are Injured On Someone’s Property in New Jersey?
In the event you are injured due to unsafe property conditions in Essex County or the surrounding areas, it is imperative to take the correct steps following an accident. Though it can be overwhelming, especially if you have sustained injuries, gathering evidence and protecting your health can have a direct impact on the outcome of your legal claim.
Generally, individuals injured on another person’s property in New Jersey should document the accident, seek immediate medical attention, and gather evidence showing the hazardous condition that caused their injuries.
Important Steps to Take Following a Premises Liability Accident
- Call 911
- The police can send an ambulance to the scene, file an accident report, and more
- Document the scene
- Take pictures and videos of the hazardous conditions that caused your accident to occur
- Obtain witness contacts
- If anyone saw the accident occur, ask for their name and contact information
- They may be able to corroborate your version of events
- Seek medical attention
- Going to the hospital will ensure that your injuries are properly treated
- Also provides you with proof of the origin and severity of your injuries
- Reach out to an experienced attorney
- A personal injury attorney may be able to obtain further proof of negligence
Contact our Experienced Essex County Personal Injury Firm
If you have been injured due to the negligence of another party in Newark, Bloomfield, or anywhere in Essex County or Northern New Jersey, it is in your best interest to work with the experienced team at the Law Office of Christopher T. Howell, Esq. We understand that suffering an injury can take a considerable toll on your life, which is why we will do everything in our power to help you in the fight for the justice and compensation you deserve. Contact us today to learn more.
