Newark, NJ Premises Liability Lawyer Discusses Getting Injured on a Property
New Jersey personal injury lawyers handle a multitude of cases from construction accidents to car accidents to slip and falls and more. One type of case that comes up in personal injury pertains to premises liability. Premises liability means that a person or tenant may have been injured on someone else’s property. New Jersey law requires property owners and landlords to ensure that their property is maintained to be reasonably safe. Unfortunately, not all property managers or establishments keep their properties safe. If negligence was involved on the part of the property owner you may have a case against them for your injuries. If you have been injured on someone’s property, call Clark Law Firm to speak to a Newark, NJ premises liability lawyer today at 1-877-841-8855.
New Jersey Property Owners and Landlords Have a Duty of Care to People Who Step Foot on Their Property
There are three categories of visitors they can be classified as invitees, licensees, or trespassers.
Invitees are people who may enter a property for business purposes. An invitee could be someone who’s shopping at a grocery store or a retail store. In New Jersey, the highest duty of care goes to invitees. Property owners and landlords should always be inspecting the property for potential hazards and be proactive in getting the property up to par. Furthermore, if there are any existing hazards they should be fixed in a timely manner. When necessary, people should also be notified of the hazard, such as a wet floor or broken door.
The second category is called licensees and licensees are social guests. When it comes to social guests, property owners do owe them a level of duty to warn them of any known dangers however they’re not required to inspect the property for them.
The third category is called trespassers and property owners owe the least duty of care when it comes to trespassers. It is important to keep in mind that there is a caveat here because there can be exceptions if the trespasser is a child.
What Types of Properties Do People Get Injured On in a Premises Liability Case in New Jersey?
Grocery stores, retail stores, and shopping malls can be a hazard for shoppers because of wet floors, uneven surfaces, uncluttered spaces, or aisles.
New Jersey restaurants and bars are also hot spots for injuries. Patrons may slip and fall on spilled drinks, wet floors, walking down a poorly lit staircase, or a staircase with markings that create an optical illusion. To read more about a case Clark Law Firm P.C. settled for an injured woman who fell down optical illusion stairs while exiting a local restaurant, click here.
Residential properties can also cause injuries because of defective staircases, uneven or broken flooring, lack of security measures, broken gym equipment, broken doors, and more.
Premises Liability in Public Places Like Parks and Sidewalks in NJ
People can also be injured in New Jersey in public spaces like a park or just walking down the sidewalk. When it comes to injuries in public places, the local government may be held liable for not fixing these hazards.
Premises liability injuries can also occur in the workplace. It is the employer’s job to make sure that they have a safe working environment and in some industries like construction they also need to provide proper training and PPE equipment.
It is Important to be Able to Prove Negligence in a Premises Liability Case
The injured party aka plaintiff must be able to show that the property management company or the property owner either knew about the hazard or should have known about the hazard and they failed to rectify it or fix it promptly.
In a situation like this evidence comes in handy. So, if you have any maintenance requests that you’ve made, or security footage, or if any witnesses were around all of these things may be important in helping you build a strong case. A Newark, NJ premises liability lawyer can guide you further on what steps to take.
To learn more about Premises Liability in New Jersey” watch episode 19 below: Understanding Premises Liability in Apartment Complex Injuries in New Jersey
In New Jersey Comparative Negligence is Also an Important Consideration
Comparative negligence means that if the injured person was also part partially responsible for their injury their compensation may be reduced by their percentage of fault.
Be Aware of the Statute of Limitations in New Jersey
New Jersey has a statute of limitations of two years from the date of the injury for a premises liability claim to be filed. However, do not wait till the last few months to file a claim because that does not give your lawyer enough time to gather the evidence needed and go through the discovery process to build a strong case for your defense.
If You’ve Been Injured on Someone Else’s Property You May Have a Premises Liability Case
If you have been injured in Essex, Middlesex, Monmouth County, or surrounding areas, call Clark Law Firm today to discuss your case at 1-877-841-8855. You can also chat with us online on our website.
