Premises Liability Lawsuits in New Jersey: Do I Have a Case?

Being injured on someone else’s property in New Jersey can lead to a premises liability claim. However, most people have questions about whether or not they have an actual case. These cases often hinge on specific legal rules that dictate when a property owner is liable for injuries sustained on their premises. From slip and fall accidents to dog bites or assaults due to negligent security, understanding what types of injuries and accidents will influence your case is important if you need to recover damages through a personal injury claim, specifically under premises liability.

For those who have suffered an injury on someone else’s property and believe the owner is responsible, consult with a New Jersey premises liability lawyer for help. Brandon J. Broderick, Attorney at Law has a team of lawyers who can assist you.

What Is Premises Liability?

Premises liability refers to the legal responsibility that property owners and occupants have to ensure their property is kept in a safe condition for visitors. If they fail in this duty and someone gets hurt as a result, they may be held liable for the injuries caused. Typical examples of premises liability claims include slipping on a wet floor in a supermarket, being bitten by a dog, or getting injured due to poorly maintained infrastructure.

How To Prove Your NJ Premises Liability Case

For a premises liability claim to be successful in New Jersey, you need to establish several important components:

Duty of Care

Property owners have a responsibility to keep their property safe and secure for anyone who visits. The extent of this duty varies depending on the status of the visitor. For instance, business invitees (like customers) are owed the highest duty of care, while trespassers have limited protections. Social guests fall somewhere in between.

Breach of Duty

Once a duty of care is established, you must prove that the property owner breached this duty. This could be due to failing to address known hazards, not conducting regular safety inspections, or neglecting to put up warning signs for dangerous conditions.

Causation

You need to demonstrate a direct connection between the breach of duty and your injuries. It should be evident that your injuries occurred because of the unsafe condition on the property and not for some unrelated reason.

Damages

Finally, you must have suffered actual damages, whether it be medical expenses, lost income, or emotional distress. If you can’t prove that you incurred damages, your claim will not be successful.

Common Types of Premises Liability Cases

• Slip and Fall Accidents: These incidents are perhaps the most common type of premises liability claim. They can happen anywhere, from grocery stores to private homes, often due to spills, uneven floors, or icy walkways.
• Dog Bites: Under New Jersey law, dog owners are held strictly liable if their pet bites someone, even if the animal has never shown aggression before.
• Negligent Security: If a lack of proper security measures leads to an assault or injury, the property owner could be liable. This is common in cases involving apartment complexes, parking garages, and event venues.
• Structural Hazards: Accidents caused by broken staircases, malfunctioning elevators, or faulty wiring also fall under premises liability.

Comparative Negligence and Its Impact

New Jersey uses a comparative negligence system to assess liability. This means that if you share some of the blame for your injuries, the amount you can recover might be reduced. For example, if a court finds you 20% responsible for an accident, your award will be reduced by that percentage. However, you can still recover damages as long as you are not more than 50% at fault.

Important New Jersey Laws to Know

Understanding the laws that govern premises liability claims in New Jersey can help you better prepare for your case.

Statute of Limitations

New Jersey law imposes a two-year statute of limitations for filing personal injury claims, including premises liability cases. If you fail to file your lawsuit within this timeframe, you may lose the right to seek compensation. There are some exceptions, such as when the injured party is a minor, which can extend the deadline.

Special Rules for Government Properties

If your injury occurred on government-owned property, additional rules apply. You generally must file a notice of claim within 90 days of the incident. Missing this deadline can bar you from pursuing a lawsuit against a government entity.

Why Legal Representation Is Necessary

Premises liability cases can be complex, and property owners often have powerful insurance companies working to minimize their financial exposure. An experienced personal injury lawyer can strengthen your case by gathering evidence, talking to witnesses, and dealing with insurance companies on your behalf. If necessary, they can also represent you in court to fight for the compensation you deserve.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.