Best Premises Liability Lawyers in New Jersey

About Premises Liability Law in New Jersey, United States

Premises liability is a legal concept that holds property owners and occupiers responsible for certain injuries suffered by individuals on their property due to unsafe or hazardous conditions. In New Jersey, premises liability law covers a wide range of cases, from slips and falls in grocery stores to injuries caused by poor maintenance in apartment complexes. Injured parties may be able to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. To succeed in a claim, you must show that the property owner or occupier was negligent in maintaining the premises.

Why You May Need a Lawyer

Premises liability cases can become complex very quickly. Common situations where you may require legal assistance include:

• Slip and fall accidents on wet or icy surfaces
• Injuries due to broken stairs, loose railings, or uneven flooring
• Accidents caused by poor lighting or lack of warning signs
• Injuries resulting from negligent security leading to assaults or thefts
• Dog bites or animal attacks on someone else’s property
• Swimming pool accidents due to lack of safeguards or supervision

Hiring a lawyer can help you navigate insurance claims, gather evidence, determine liability, negotiate settlements, and represent you in court if needed.

Local Laws Overview

New Jersey premises liability law is shaped by several important principles:

• Status of the visitor: New Jersey recognizes different categories of visitors, such as invitees (customers), licensees (social guests), and trespassers. Property owners owe varying levels of care depending on which category applies.
• Duty of care: Property owners must keep their premises in a reasonably safe condition, fixing known dangers or warning visitors about hazards.
• Comparative negligence: If the injured person’s own actions contributed to the injury, compensation may be reduced according to their percentage of fault under New Jersey's modified comparative negligence rule.
• Notice requirement: To be liable, the owner or occupier must have known or should have reasonably known about a dangerous condition and failed to correct it or provide adequate warning.
• Statute of limitations: In most cases, a premises liability lawsuit must be filed within two years of the date of the accident or injury.

These laws are nuanced, and specific circumstances can affect your rights. Professional legal advice is recommended to fully understand your options.

Frequently Asked Questions

What is considered a premises liability claim?

A premises liability claim arises when someone is injured on another person’s property due to unsafe or dangerous conditions, and the property owner or occupier is found to be at fault for failing to maintain the property or provide adequate warnings.

Do I have a case if I was injured on someone else’s property?

You may have a case if you can show that your injury was caused by a hazardous condition that the property owner or manager knew about or should have known about, and they failed to fix it or provide appropriate warnings.

Does my visitor status affect my claim in New Jersey?

Yes. The duty of care owed to you depends on whether you were an invitee, licensee, or trespasser. Property owners generally owe the highest duty to invitees, a moderate duty to licensees, and a limited duty to trespassers.

What if I was partly at fault for my injury?

New Jersey follows a modified comparative negligence rule. If you were less than 51 percent at fault, you may recover damages, but your compensation will be reduced by your percentage of fault. If you are more than 50 percent at fault, you may be barred from recovery.

What should I do immediately after a premises accident?

Seek medical attention, report the incident to the property owner or manager, document the scene and your injuries with photos, collect witness information, and contact a lawyer promptly.

How long do I have to file a premises liability lawsuit in New Jersey?

You generally have two years from the date of the accident or injury to file a lawsuit in New Jersey. Failing to do so may forfeit your right to compensation.

Can I sue a landlord for injuries in a rental property?

Yes, if your injury was caused by the landlord’s negligence in maintaining common areas or addressing known hazards, you may be able to pursue a claim.

Are store owners always responsible for customer injuries?

Not always. Store owners must take reasonable steps to keep their premises safe, but they are not automatically liable for every injury. Fault depends on whether the owner knew or should have known about the hazard.

What compensation can I recover in a premises liability case?

Possible compensation may include medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related damages.

Do I need a lawyer to file a premises liability claim?

While you can file a claim on your own, having an experienced lawyer can improve your chances of a successful outcome, especially when dealing with insurance companies and complex legal rules.

Additional Resources

Consider the following resources for guidance and support related to premises liability in New Jersey:

• New Jersey Courts - Civil Division for filing injury claims
• New Jersey Department of Community Affairs for housing and property standards
• Local county bar associations for lawyer referrals
• Your local city or municipal building department for building codes and complaints
• National Safety Council for education on preventing slip and fall injuries

Next Steps

If you believe you have a premises liability case in New Jersey, consider the following actions:

• Seek immediate medical attention for your injuries and keep all records
• Document the scene of the accident, including photographs and witness statements
• Report the incident to the property owner, manager, or appropriate authority
• Consult with a qualified premises liability lawyer familiar with New Jersey law to evaluate your case and discuss your legal options
• Gather all receipts, medical bills, and correspondence regarding your injury

Legal matters involving premises liability can be complex and time sensitive. Speaking to a lawyer promptly can help you understand your rights and pursue the compensation you deserve.