The Ins and Outs of Premises LiabilityNY/NJ Legal News
Thousands of individuals are injured in accidents across New Jersey each year. In many cases, victims suffer injuries due to the negligent acts of others. What victims may not know is that they have various legal options available to them when they suffer devastating injuries on another person’s property.
When victims are harmed in accidents, due to the negligent acts of a property owner, they may be able to file a legal claim against the property owner. These claims enable victims to collect compensation for lost wages and medical treatment they need to recover as well as various other financial burdens resulting from their accidents.
The Responsibility for Safety
In New Jersey, property owners have a legal responsibility to maintain premises that are safe for invited guests. When victims suffer harm, it is crucial that they prove the owner of the home did not fulfill their responsibility for safety to you. In order to prove this, victims must be able to prove that one of the following factors existed.
- The owner of the home knew about a risk and did not address it. There are countless instances where owners are aware problems exist on their property. For example, they may have noticed a shaky stair rail or a broken sidewalk. If a property owner did not mark the property off, notify the guests of the dangers, or correct the problem in a timely fashion, they acted negligently. In these cases, property owners can be held liable for damages.
- The owner of the home should have known about a dangerous situation and provided a warning or made repairs. It is assumed that property owners are well-aware of the conditions of their property. If a property owner has a porch with rotting and dangerous wood, it is presumed that they are aware of the issue. For this reason, the court can still find the property owner negligent and liable.
- The owner of the home cannot claim ignorance of the risk. Just because a homeowner may not have known about an issue does not mean they are completely without liability. If there are torturous weather conditions outside, and you suffer a slip and fall accident on a slippery step, a property owner cannot escape liability simply because they did not slip on the step themselves.
Factors that Increase Risk of Injury
It is crucial for homeowners to recognize the risks on their property and proactively address safety measures. For example, property owners with pools need to ensure they are blocked off completely with fencing, have non-slip decking, adequate toy storage, and proper coverings. Dangerous animals need to be leashed or and properties should be posted to let others know of the potential dangers. Trampolines and even treehouses both present serious risks for guests. It is crucial for property owners to address problems quickly and secure their areas to prevent accidents from happening.
Metro Law can Help You
When individuals are harmed in accidents on private property, they should contact a personal injury attorney in New Jersey to discuss legal options that may be available to them. Contact our law firm today at (800) 469-6476 to see how we can help you.