What Constitutes Premises Liability in New Jersey?
Whenever an individual enters someone else’s property they should be able to reasonably assume that it’s safe to do so. That is, a property owner or resident has a responsibility to take reasonable care of the property and to ensure that people who visit will not be injured. If a property owner or resident fails in this duty, then an injured party may make a premises liability claim against them.
Premises liability may be a factor in a great number of personal injury cases. It may apply when a delivery person is delivering a package and suffers a slip and fall because of an oil spill. Premises liability may also be claimed if someone is injured while enjoying an amusement ride at a county fair, assuming that the person injured on the amusement ride was complying with all safety instructions such as wearing a seat belt and keeping their arms and hands inside the ride vehicle, yet was injured nonetheless. Similarly, a customer who enters the property of a lumber retailer may sue if a piece of wood slides off of a shelf and strikes him on the head. In each of these instances, the visitor to the property was there for a lawful purpose and was not behaving in an unreasonable manner.
In short, owners are responsible for the condition of their property, and New Jersey law holds them accountable when someone lawfully there is injured. Many factors can affect the outcome of the case. Whether or not the visitor was behaving in a reasonable manner and if the owner knew or should have known about the hazard can both be major questions. Like any other personal injury matter, a premises liability claim is complex. Making such a claim in court requires the assistance of a qualified personal injury attorney who is experienced at investigating premises liability claims.
This is especially so when injuries require considerable medical care, and/or cause the injured party to have to miss work for a significant period of time. Such persons may deserve compensation for damages.
For a free consultation, please call this office immediately at 732-297-8200.