Property owners, whether it is commercial or residential, have a legal responsibility to keep people safe while they are on the property. They must take care that people who have been invited onto the premises are safe, which may entail providing maintenance and clearing up hazards. If something happens to you while you are on someone else’s property because of unsafe conditions or a lack of maintenance, you may be able to hold the property owner liable for your injury and be entitled to compensation. This is why New Jersey residents should be aware of at least some of the different types of premises liability claims, which in turn is why we are listing them here.
Slip and Fall Injuries
We have touched on premises liability and slip and fall cases in the past, which demonstrates the importance of understanding this type and the need to include some information on it here. Slips and falls are exactly what they sound like: incidents where someone loses their ability to stand or walk normally and falls over as a result of unsafe conditions, such as sidewalks covered in ice. The National Fall Safety Institute reported in 2013 that these injuries account for 12% of all emergency room visits.
People who own property that is open to the public, such as a grocery store, or an establishment in which people live, such as an apartment complex, must provide security that keeps people safe. The failure to properly train security personnel, insufficient lighting, a lack of warning signs, and similar flaws must be fixed as soon as they are found. If you become the victim of a crime, such as an assault or robbery, an argument could be made that adequate security could have prevented this from occurring.
In New Jersey, dog owners are expected to keep their canine companions from attacking others, and they can be held liable if their pet bites someone. This applies whether they are on public or private property. This even includes their own home, but only if the victim was given consent to be in their home – meaning trespassers may not be able to file a premises liability claim. Dog owners are not the only ones with a responsibility for safety: the landlord who owns the property on which the attack occurred may also be held liable, and bite victims may be denied compensation if they provoked the dog. It should also be noted, for anyone who is curious, that unlike in some states, New Jersey does not have a “one free bite” law.
These are only a few of the different types of premises liability claims. One last thing you should know is that all of them share something in common: according to New Jersey Statute 2A:14-2, anyone who has suffered from a personal injury can only file a claim within two years “after the cause of any such action shall have accrued.” Under the New Jersey Tort Claims Act, people injured on public property owned by a government entity have even less time to make a claim: they must file it within 90 days.
This means that you risk missing out on compensation if you let the time slip past you, so you must contact experienced New Jersey premises liability lawyers immediately. The Law Offices of James C. Dezao, P.A. have extensive experience with premises liability claims and many other types of personal injury cases. Call us immediately at (973) 358-6134 and receive a free consultation.