Accidents can happen anywhere—at a grocery store, a friend’s house, or even in a parking lot. When an injury occurs on someone else’s property, it may fall under premises liability law. In New Jersey, property owners have a legal obligation to maintain a safe environment for visitors. They may be held liable if they fail to do so and an injury occurs. Understanding premises liability laws and knowing what steps to take after an injury can help protect your rights and ensure you receive the compensation you deserve.
What is Premises Liability?
Premises liability refers to the legal responsibility of property owners to keep their property safe for visitors. This includes businesses, homeowners, landlords, and government entities. When hazardous conditions cause injuries, the owner may be held liable for damages, including medical bills, lost wages, and pain and suffering.
To establish a premises liability, claim in New Jersey, an injured person must prove:
- The property owner owed a duty of care – The level of care a property owner owes depends on the visitor’s status:
- Invitees (customers in a store) are given the highest duty of care.
- Licensees (social guests) are given reasonable warnings of known dangers.
- Trespassers are generally not owed a duty of care unless they are children (e.g., a property owner may be responsible if an unfenced pool or dangerous equipment attracts and harms a child).
- The owner was negligent – If a hazardous condition existed and the owner knew or should have known about it but failed to fix or warn visitors, they may be considered negligent.
- Negligence caused the injury – It must be proven that the dangerous condition directly led to the injury.
Common Types of Premises Liability Cases
Premises liability covers various incidents, including:
- Slip and Fall Accidents – Wet floors, uneven sidewalks, or icy walkways.
- Poor Security Measures – Inadequate lighting or security, leading to assaults or robberies.
- Dog Bites – A property owner’s liability if a dog attacks a visitor.
- Falling Objects – Merchandise falling from store shelves.
- Swimming Pool Accidents – Unfenced or poorly maintained pools causing injuries.
What to Do After an Injury on Someone Else’s Property
If you’re injured due to unsafe conditions, follow these steps:
- Seek Medical Attention – Your health is the top priority. Even if injuries seem minor, some may worsen over time.
- Report the Incident – Notify the property owner, landlord, or manager about the accident and document their response.
- Take Photos and Gather Evidence – Capture images of the hazardous condition, your injuries, and any warning signs (or lack thereof).
- Get Witness Information – If anyone saw the accident, their testimony could support your claim.
- Avoid Giving Statements to Insurance Companies – Insurance adjusters may try to minimize your claim; speak with a lawyer first.
- Consult a Personal Injury Attorney – Legal representation protects your rights and increases your chances of fair compensation.
Premises liability cases can be complex, and property owners or insurance companies may try to avoid responsibility. If you’ve been injured due to unsafe conditions on someone else’s property, The GC Law Firm can help you navigate the legal process and fight for the compensation you deserve. Contact us today for a consultation!