New Jersey Premises Liability Attorneys

Who Can Be At Fault in a Premises Liability Claim?

The owner of the property where the accident occurred is often the liable party. However, property owners are not the only ones who could be responsible for accidents and injuries on their premises. Non-owners, such as apartment or home renters, commercial tenants, business managers, shop owners, and other parties responsible for managing or maintaining a property could be liable, too.

Some injury victims may also have secondary claims against third-party non-owners. For instance, you could have a claim against a private security company if its failure to keep a property free from criminal activity caused you to be violently attacked. Or if a defective product contributed to your injuries, you could file a claim against its manufacturer.

Stairwell Slip and Falls

What You Need to Prove in a Premises Liability Case

The first element you must prove in any premises liability case is that the at-fault party had a legal responsibility to avoid harming you. To prove this, you need to show that the other party was the lawful owner, tenant, or manager of the property where you were injured. You will also need to establish your legal status as a visitor since your status affects your rights on the premises.

Once you establish your status as a visitor and the property owner’s legal responsibility toward you, your next step is to prove that the owner failed to uphold their duty to keep the premises safe. For instance, maybe they neglected to fix uneven flooring or post warning signs about dangerous animals.

You must also prove that the property owner’s negligence contributed significantly to the incident that resulted in your injuries. A premises liability lawyer can identify useful evidence to support your claim and increase your case value.

The three key types of visitors in New Jersey premises liability cases include the following:

Compensation Available in a Premises Liability Lawsuit

With a successful premises liability lawsuit in New Jersey, you could be entitled to compensation for the following losses:

• Hospital bills and other medical expenses
• Incidental expenses, such as travel costs
• Lost wages from missed time at work
• Projected losses in your future earning potential
• Subjective losses, such as pain and suffering

Statute of Limitations for Premises Liability Cases in New Jersey

New Jersey places a two-year statute of limitations on premises liability claims, which means you have just two years from the date of the incident to sue. If you wait too long to file, the judge will likely dismiss your case. You will then lose your right to demand compensation in court.

Keep in mind that this time limit is important even if you never intend to file a lawsuit. Having the option to take your case to court will give you considerable leverage during insurance claim negotiations and other settlement talks. A New Jersey premises liability attorney can help you by identifying important dates and keeping your case on track from day one.

Comparative Negligence Laws in New Jersey

When you file a claim against a New Jersey property owner, do not be surprised if the owner attempts to deny responsibility or even deflect it back onto you. They may claim that they were unaware of the hazardous condition, your own behavior contributed to the incident, or the hazard was so obvious you should have known to avoid it without an explicit warning.

If you are assigned a percentage of the overall blame for the incident, New Jersey’s modified comparative negligence doctrine may come into play. Under this law, you can claim compensation if you are partially at fault for an accident — as long as you are not more at fault for the accident than the other party is.

However, the amount of compensation you get may be reduced based on your percentage of fault. That’s why it’s important to work with an attorney who can defend your interests, limit your share of fault, and maximize your compensation.

Many times, it is difficult to determine who was responsible for the care and maintenance or safety at the accident site. However, once a responsible party is identified, they should be notified about your incident. If possible, report your premises’ liability accident to a property owner as soon as possible, preferably under the advice of a lawyer. Also, try to obtain a copy of the accident report.