This article discusses:
- The basics of New Jersey premises liability law.
- What type of incidents fall under premises liability.
- Exceptions to the two-year statute of limitations on premises liability cases.
What Is New Jersey’s Premises Liability Law?
New Jersey premises liability law states that a property owner is responsible for keeping the premises in a safe condition if it is a commercial entity. Residential owners have less strict obligations.
For example, if you fall on a defective sidewalk in front of a store and that is a commercial enterprise, you can sue the owner of the building. However, if you fall in front of a single-family house, you cannot sue the owner because a residential property owner does not have the same obligation as the commercial property owner.
Other types of premises liability cases are more involved and complicated.
With a government-owned property, you have different requirements at play in your case. Beyond the “Notice of Claim’ requirements being 90 days as opposed to two years, you have an enhanced standard you will have to deal with. These cases require showing that it was not mere negligence you were a victim of but that they were unreasonable in not fixing the sidewalk, going along with our example above.
Some cases involve charitable immunity. This is when an entity like a church owns the property.
A personal injury attorney is your best bet to navigate a premises liability case successfully given the numerous classifications, rules, and exceptions.
What Accidents Or Incidents Generally Fall Under The Category Of Premises Liability That Occur Across New Jersey?
Falls on uneven surfaces and falls on snow and ice are generally the two categories of premises liability in New Jersey. In the winter, commercial property owners are required to clear snow and ice, not necessarily immediately but generally within 24 hours of snowfall.
Uneven surface cases are a bit more tricky, as they are generally much more fact-sensitive. Some factual situations create a valid case, whereas others do not. These generally apply to sidewalks. If you trip while walking in the street, unless it’s in a crosswalk, it’s improbable you will be able to collect compensation.
Other Than Ice And Sidewalks Slips, Are There Other Types Of Cases That Occur Less Commonly But Are Still Public?
We handle workers’ compensation cases that are not as common as personal liability cases such as slips, but still very common.
Workers’ compensation laws ensure compensation to you if injured on the job. This is the case even if the employer was not at fault. You are entitled to get your medical bills paid, get lost wages and a lump sum cash award.
There are some exceptions to this, however. An example is a case we are working on now.
A forklift operator worked in a company’s warehouse that sold kitchen supplies. The warehouse manager told him and some of his co-workers to use a product meant for cleaning metal-like stoves and grills to clean the floor. The warehouse was enormous, so they put the product on the floor and spread it around. After they rubbed it in, our client felt his feet start tingling. It turned out that the product was acidic and had burned through his shoes. As a result, he is now unable to walk.
If your employer is negligent to the point that they make you do something like this that anyone would know will result in injury, you can sue them.
Should I File A Personal Injury Complaint Or A Lawsuit Against My Employer If The Slip-And-Fall Or Trip-And-Fall Premises Liability Accident Occurred On Company Property?
You generally cannot file a lawsuit against an employer if you slip at company property. The only instance you can file a lawsuit like this is if your employer acted egregiously or recklessly, which is rare. In those instances, it is best to gather as much evidence as quickly as possible and contact a lawyer to navigate your premises liability case. Perhaps the facts will show that another person or company other than your employer caused the defective condition causing you to fall and that other person or company can be the subject of your lawsuit.
With the guidance of a skilled attorney for Premises Liability Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Premises Liability Cases in New Jersey, a free initial consultation is your next best step. Get the information and legal answers by text or call at (973) 204-6573 today.
