Premises Liability Injuries
Posted September 22nd, 2020 by Anthony Carbone.
Categories: Uncategorized.
A majority of your daily activities likely takes place outside your home. If this is the case, you stand a distinct risk of getting injured on someone else’s premises. This could be a private, public, or commercial property. Under premises liability law in New Jersey, you may hold the property owner for damages arising from your injuries.
Premises liability injuries tend to bring a myriad of unsuspected losses. You could require expensive treatment, lose your income, and endure untold pain and suffering. When this happens, it is important to discuss your rights with an expert Bayonne Car Accident Attorney.
In this article, we review premises liability in New Jersey.
Premises Liability Law
New Jersey premises liability law is partly governed by the Landowners’ Liability Act. It defines the relationship between landowners and visitors. Additionally, it stipulates the types of liability and the procedures and conditions for filing an injury suit.
If you get injured on someone’s property, you must establish four elements to satisfy a liability claim. You must prove that:
- The owner owed you a duty of care.
- They failed to uphold that duty.
- Their failure was the actual cause of your injury.
- If not for the owner’s actions or inactions, your injury could have been avoided.
Premises liability law is complex. A liability claim could be thrown out of court on a technicality. As such, it is advisable to work with an expert attorney who has extensive knowledge of the laws.
The Responsibility of the Owner
In New Jersey, property and business owners owe a duty of care to the visitors on their property. They are expected to maintain their premises in a safe condition and ensure the safety of all who visit, occupy, or reside there. This often includes identifying and removing hazards.
Failing to uphold this duty of care could make a property owner liable for visitor’s injuries and injury-related damages.
Types of Visitors Defined in Premises Liability
Premises liability law in the state defines 3 types of visitors who could get hurt on a property. Generally, property owners owe a different level of protection to each class of visitors. Invitees and licensees are owed the highest duty of care. The landowner is expected to guard invitees from any harmful condition they are or should have been aware of.
A trespasser is an individual who is not invited to be on the property. A typical example is an individual passing through your yard. Overall, landowners are only expected to refrain from acts that could willfully cause a trespasser injury. They should also provide warning of any hazardous conditions.
Talk to an Expert Premises Liability Lawyer
Premises liability is regulated by many complicated laws. It can be difficult to determine fault for an accident under certain circumstances, especially on your own. Fortunately, you can fall back on the expertise of premises liability attorneys who have been doing this for years.
At Anthony Carbone Law, we are dedicated to protecting the rights of injured parties. We handle premises liability injuries caused by accidents such as slip and falls. If you have been injured on someone else’s property, contact attorney Carbone to learn how he can help you.
We will help you determine fault and pursue a claim for your losses.
