All property owners in the state of New Jersey are obligated by law to maintain their grounds. This is so that people who come onto the property are not in danger of becoming harmed by any potential hazards that may exist. If the property owner fails to do so, accidents can happen that lead to injuries as a result. This often causes significant physical, emotional, and financial burdens for the injured. It is because of this that victims may wish to seek justice for their suffering through legal action. This is possible through premises liability law. When facing these situations, it is important to retain the services of an experienced New Jersey personal injury attorney.
What is Premises Liability?
If a property is not maintained by the party who owns it, it can become dangerous for people who come onto the grounds. If an individual sustains an injury as a result of this danger, they can hold the property owner 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.
Property owners owe a duty of care to those who come onto their grounds. This duty can be fulfilled simply by maintaining the property so that no hazards arise. This obligation is owed to both invitees or licensees. A licensee is an individual invited onto the property for business or commercial reasons, while an invitee is on the property for non-business or non-commercial reasons, such as social events. It is important to know that a property owner may even owe a duty of care to trespassers. If they are aware of the trespasser and fail to warn them of any present dangers, the owner may be held responsible for any injuries that occur as a result.
Case Examples
A person can become injured due to the negligence of another party in many ways. Under premises liability law, the following situations may be covered:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- Poor weather conditions
- Inadequate lighting
Proving Negligence
When an injured party wishes to pursue legal action against a property owner that did not provide a duty of care, it is important that they have evidence to back up their claim. This can include medical documentation of the injuries, photos or videos of the hazard, witness testimonies, and more. If the injured party is successful, they may be able to recover financial compensation as coverage for any damages that stem from the accident.
Contact our Firm
If you have been injured as a result of a defective product and wish to speak with an attorney, contact the Law Office of Christopher T. Howell, Esq. today.
