All You Need to Know About Premises Liability in New Jersey
What happens when somebody enters your property? You expect for them to stay as safe as possible when they are on your property, right? However, it takes more than that; yes, you as the property owner have responsibilities as well. For instance, you may not have known that you are legally responsible for maintaining a relatively safe environment. What if somebody is delivering a package to you and you still have ice on your sidewalk from days ago? What if they slip and fall? These are things that you have to keep in mind, as you can be held liable for any injuries that occur on your property given certain circumstances. Now you can find answers to your burning questions about premises liability.
What Are Some Types of Premises Liability Cases?
- Slip and falls
- Snow and ice accidents
- Inadequate maintenance of premises
- Defective conditions on premises
- Inadequate building security leading to injury or assault
- Dog bites
- Swimming pool accidents
- Water Leaks/Flooding
- Toxic fumes
Are You an Invitee, Licensee, or Trespasser?
- Invitees: These are people who are invited onto a property, like a customer in a store. This means that the property owner has taken proper steps to make sure that the property is free of any dangers to a reasonable degree.
- Licensees: These people will enter a property for their own purpose or as a social guest. They are present only at the consent of the owner.
- Trespassers: A trespasser enters a property without any right to do so. There is really no promise that reasonable care has been taken by the owner to make sure that the property is safe. The only time when a property owner could be liable for injuries involving trespasser is if the property owner created artificial conditions that drew the trespassers onto the property with the knowledge that serious injury could occur.
What Happens if Both Parties Are at Fault?
Sometimes a property owner will make the observation that the injured person was at fault for what happened on the property. A visitor has duties just like a property owner. They must make sure that they are exercising reasonable care when they are on somebody else’s property. When the care is not exercised properly, the plaintiff’s recovery may be limited or reduced to nothing at all when it comes to their own negligence. “Comparative fault” may come into play, too. This is when an injured person’s legal damages will be reduced by a percentage that is equivalent to his or her fault for the accident at hand.
In New Jersey, like other states, there are also things like Inadequate Building Security, which are cases that can arise in apartment buildings or offices. Owners of a building or office will have a duty to act reasonably when it comes to securing access and making it impossible for threats to come through. This means, if somebody comes into the building and kills another worker, the owner of the building may be held liable for this act. This is because they did not take reasonable steps to secure the building as it should have been.
Do you believe you have a premises liability case? The truth is, you are not alone when it comes to your case. No, you will always have help on your side when you seek legal representation from Maggiano, DiGirolamo & Lizzi. It is essential that you speak to a lawyer you can trust about your claim. Call today.
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