Premises liability is a legal concept that holds property owners or property managers responsible for accidents and injuries that occur on their property due to hazardous conditions. In New Jersey, slip and fall accidents are one of the most common types of premises liability claims. These accidents can happen anywhere, from commercial establishments like grocery stores and malls to private homes and public spaces. For a victim seeking compensation for their injuries, it’s important to understand premises liability and the specific laws governing slip and fall claims in New Jersey, but you do not have to know it all. That’s why you should speak to a lawyer.
Slip and fall accidents can lead to serious injuries in some cases, racking up significant medical bills, time away from work, and sometimes, long recovery times. Brandon J. Broderick, Attorney at Law can help. Our slip and fall lawyers can help you navigate the complexities of premises liability law and secure a fair settlement on your behalf.
Continue reading for an overview of premises liability for slip and fall accidents in New Jersey and how specific laws impact these cases.
Key Points of Premises Liability in New Jersey
Duty of Care
In New Jersey, property owners and occupiers owe a duty of care to ensure their premises are reasonably safe for visitors. The level of duty owed varies depending on the visitor's status:
- Invitees: Invitees are individuals who enter the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the premises for hazards, promptly addressing dangerous conditions, and warning of potential risks.
- Licensees: Licensees are individuals who enter the property for social purposes, such as guests at a private residence. Property owners must ensure the premises are reasonably safe and warn licensees of any known hazards that are not obvious.
- Trespassers: Trespassers are individuals who enter the property without permission. Property owners owe a limited duty of care to trespassers, primarily to avoid willful or wanton harm.
Proving Negligence
To successfully pursue a slip and fall claim under premises liability, the injured party must prove that the property owner was negligent. This involves demonstrating the following elements:
- Duty of Care: The property owner owed a duty of care to the injured party.
- Breach of Duty: The property owner breached that duty by failing to address a hazardous condition.
- Causation: The hazardous condition directly caused the slip and fall accident.
- Damages: The injured party suffered actual damages, such as medical expenses, lost wages, and pain and suffering.
Comparative Negligence
In New Jersey, personal injury follows a comparative negligence law, which means that if the injured party is partially at fault for the accident, their compensation may be reduced by their percentage of fault. If the injured party is found to be more than 50% at fault, they may be barred from recovering any damages.
Statute of Limitations
In New Jersey, the statute of limitations for filing a premises liability claim, including slip and fall accidents, is generally two years from the date of the incident. Failing to file within this timeframe can result in losing the right to seek compensation. You should act quickly and consult with an attorney to ensure that all legal deadlines are met.
Important Laws Governing Slip and Fall Claims
New Jersey Premises Liability Act
The New Jersey Premises Liability Act outlines the responsibilities of property owners and occupiers to maintain safe premises. This law emphasizes the importance of regular inspections, prompt repairs, and clear warnings of any potential hazards. Property owners who fail to adhere to these responsibilities can be held liable for injuries that occur as a result.
Americans with Disabilities Act (ADA)
The ADA requires that public properties and businesses ensure their premises are accessible and safe for individuals with disabilities. Failure to comply with ADA standards can lead to premises liability claims if an unsafe condition results in a slip and fall accident.
Local Building Codes
Local building codes and ordinances in New Jersey set standards for property maintenance and safety. Violations of these codes, such as broken handrails, uneven flooring, or inadequate lighting, can serve as evidence of negligence in a slip and fall claim.
Call Today To Schedule A Free Consultation
Navigating premises liability law can be challenging, but you do not have to do it alone. The team at Brandon J. Broderick, Attorney at Law has helped victims of slip and fall accidents in New Jersey for decades. Our experienced attorneys are dedicated to helping you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Do not wait any longer if you’ve been injured. Call our office today to schedule an appointment with our attorneys.