New Jersey Premises Liability Lawyer

What Does Premises Liability Cover?

All property owners and businesses are required to provide a safe environment for the people who visit their property whether it be customers, employees, guests, or personal residents. You are owed a duty of care by the property owner, and if you are injured, have the right to seek damages. 

So what types of incidents does premise liability cover? There are many instances that could be considered premises liability, including but not limited to:

• Slip and fall accidents
• Uneven or defective flooring
• Dog bites
• Inadequate building security
• Inadequate lighting
• Slipping on ice
• Defective conditions
• Stair or porch collapse
• Elevator or escalator accidents
• Water leaks or flooding
• Toxic fumes or chemicals
• Amusement park accidents
• Fires
• Unsafe pools

Construction sites need to be secured with proper warning signs posted

Who Can Seek Damages Against a Property Owner?

If you have experienced an injury on some else’s property, there are three categories that you can fall into: an invitee, licensee, or a trespasser. Depending on how you access the property, you may be owed a greater duty of care and may therefore be able to seek higher compensation for your claim. 

• Invitee: Typically, invitees are owed the most duty of care, as they were invited onto the property by the owner and should reasonably expect a safe and hazard free environment.

• Licensee: A property owner has a duty to inform anyone who rents or leases their properties of any hazards that the owner is aware of, and that they can reasonably expect that the licensee could not find on their own. The owner is also liable if they fail to address any problems that they could reasonably be expected to fix before allowing the licensee on the premises.

• Trespasser: Trespassers are not allowed to be on the property, so they are usually not owed a duty of care. However, if the trespasser is a child and the accident occurred because of an “attractive nuisance” then the child’s parents or guardians may be able to successfully bring charges against the property owner. All trespassers should expect not to encounter any hidden traps, so if harmed by one they may also have legal rights. 

Attractive Nuisances

Pools, dogs, and heavy machinery may not need a warning for adults, but can be deadly for children who do not understand how to interact with them. If a property owner can reasonably expect that children may come onto their premises, and they do not properly secure their pool, dangerous animal, or heavy machinery, those may be considered an attractive nuisance.

An unleashed dog can pose a hazard to a child passing by

What About Tenant’s Rights?

Under most circumstances, a tenant is considered to be in control of the condition of the property where they live. However, there may be certain cases where the property has dangerous defects that were concealed or not mentioned by the owner when the tenant took possession of the property. If that is the case, the owner may be liable for any injuries or damages those dangerous conditions caused. 

Connect With an Experienced Premises Liability Lawyer Today

If you can prove that the property owner was knowingly negligent in regards to ownership, maintenance, or care of their property, and you were injured as a result, you may wish to file a premises liability claim. The statute of limitations on personal liability claims is only two years in New Jersey, so you need to contact an experienced premises liability lawyer as soon as possible, so you can get the maximum compensation you deserve. 

The team at Richard Hollowell has a proven track record in handling premises liability lawsuits, and will fight to get you compensated for your medical bills, physical therapy, lost wages, coverage for future medical care, and more. Contact us today by calling 1-800-681-3550 or by using the form below for a free consultation.