Premises liability claims in New Jersey involve injuries that occur due to unsafe or hazardous conditions on someone else’s property. While many of these cases focus on general safety hazards like slippery floors or broken staircases, there’s another aspect of premises liability that often gets overlooked—compliance with the Americans with Disabilities Act (ADA). The ADA is a federal law that mandates accessibility requirements to ensure that people with disabilities have equal access to public and commercial spaces.

In New Jersey, property owners are required not only to maintain safe conditions but also to ensure that their premises comply with the ADA. When a property fails to meet ADA requirements and results in injury, it can lead to a premises liability claim. This article will explore how ADA compliance affects premises liability cases in New Jersey, what the ADA entails, and how injured parties can pursue claims.

For specific legal advice, consult with an experienced New Jersey personal injury lawyer from Brandon J. Broderick, Attorney at Law. Our team has decades of experience to offer the support you need in any premises liability case.

Understanding the ADA and Premises Liability

The Americans with Disabilities Act (ADA) is a landmark civil rights law passed in 1990 to prohibit discrimination against individuals with disabilities in various areas, including employment, public services, and access to public accommodations. In the context of premises liability, the ADA establishes specific requirements for public and commercial properties to ensure that they are accessible and safe for individuals with disabilities.

Key ADA Requirements for Property Owners

Some of the key ADA requirements for properties include:

• Accessible Entrances: Public entrances must have ramps or lifts where necessary, with doors that are wide enough to accommodate wheelchairs.
• Adequate Parking: Designated parking spots for disabled individuals should be clearly marked and located close to building entrances.
• Navigable Pathways: Interior and exterior pathways should be free of obstructions and wide enough to allow wheelchair access.
• Bathroom Facilities: Public restrooms must include accessible stalls, grab bars, and sinks that are usable by people with disabilities.
• Emergency Exits: Emergency exits must be accessible to people with disabilities, with clear signage and unobstructed routes.

When a property fails to meet these ADA standards, it not only exposes individuals with disabilities to hazards but also opens the door for potential legal action under premises liability laws.

How ADA Compliance Factors into NJ Premises Liability Claims

In New Jersey, premises liability laws require property owners to maintain reasonably safe conditions for visitors. When a property owner fails to comply with ADA regulations, it can be used as evidence of negligence in a premises liability claim.

For instance, if a wheelchair user is injured because an entrance ramp is too steep or lacks handrails, the property owner may be held liable for failing to comply with ADA requirements. Similarly, if a visually impaired individual trips over an obstacle in a pathway that should have been cleared, this too could result in liability for the property owner.

Proving Negligence with ADA Violations

To win a premises liability case based on ADA noncompliance, the injured party (plaintiff) must demonstrate the following elements:

1. Duty of Care: The property owner owed a duty of care to provide a reasonably safe environment, including ADA-compliant access.
2. Breach of Duty: The property owner breached that duty by failing to comply with ADA regulations.
3. Causation: The plaintiff’s injury was directly caused by the ADA violation.
4. Damages: The plaintiff suffered measurable damages, such as medical expenses, lost wages, and pain and suffering.

In New Jersey, ADA violations can be considered "negligence per se," which means that the violation itself is evidence of negligence. This can simplify the process for plaintiffs, as they do not need to prove that the property owner acted unreasonably—only that the violation occurred and contributed to the injury.

Examples of ADA-Related Premises Liability Cases

Here are some examples of how ADA noncompliance can lead to premises liability claims in New Jersey:

1. Inadequate Ramps or Railings

If a wheelchair ramp is not built to ADA specifications—such as being too steep, lacking railings, or being improperly maintained—it can create hazardous conditions that result in injury.

2. Blocked Pathways

A pathway or hallway that is obstructed by merchandise, furniture, or other objects can prevent safe navigation, increasing the risk of tripping or falling.

3. Faulty Elevators or Lifts

When elevators or wheelchair lifts are not maintained or do not meet ADA standards, individuals with mobility impairments may be unable to safely access certain parts of the building, which could lead to injury.

4. Noncompliant Bathroom Facilities

Bathrooms that lack accessible stalls, sinks, or handrails can pose safety risks for individuals with disabilities, leading to potential liability claims if an injury occurs.

Legal Protections for People with Disabilities in NJ

New Jersey has its own set of laws that supplement the ADA and offer additional protections for individuals with disabilities. The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination in public accommodations, including physical barriers that prevent access. If a property owner fails to meet ADA or NJLAD requirements, they can be held accountable through both state and federal legal avenues.

Filing a Premises Liability Claim Based on ADA Violations

If you’ve been injured due to ADA noncompliance, you may be eligible to file a premises liability claim in New Jersey. Here’s how to move forward:

1. Document the Violation: Take photographs or videos of the area where the injury occurred, focusing on the noncompliance with ADA regulations.
2. Seek Medical Attention: Get medical treatment for your injuries and maintain records of your diagnosis, treatment, and medical expenses.
3. File a Report: Report the incident to the property owner or manager and, if necessary, to the appropriate authorities, such as the New Jersey Division on Civil Rights.
4. Consult an Attorney: An experienced personal injury attorney can help evaluate your case, gather evidence, and pursue compensation for damages.

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.