Properties in New Jersey must be maintained for safety. The levels of safety vary, as it depends on who the property owner or lessee is and who the injured party is. When defective conditions cause an accident and someone is injured, there is a good chance the injured party can recover compensation.
At Mongiardo Law Group, our premises liability attorneys in Passaic County handle these types of difficult cases. If you have been injured while on the property of another, whether it is a grocery store or a friend's home, you may be entitled to compensation. Contact Mongiardo Law Group today at (973) 298-4557 or online to schedule a free consultation to discuss your case.
What Constitutes Defective Property Conditions in New Jersey?
Property owners must maintain their premises in a way that permits safe use and prevents defective or dangerous property conditions. If property owners fail to meet their duty of care to individuals on their property, they could face liability for accidents and damages from unsafe conditions.
Under the theory of premises liability, the cause of the accident and the classification of the individual on the property are typically the crucial factors. If a person is a business invitee, such as a customer of a store or restaurant, he or she is afforded the highest level of protection. A social guest on a property (such as a friend at a person's house), known as a licensee, is afforded a lesser degree of protection. Finally, a trespasser, who is not permitted on the property, is given the least amount of protection.
Examples of Defective Property Conditions in Passaic County and Throughout New Jersey
When an individual visits a public or private property in New Jersey, they can reasonably expect the property to be safe for use and free from defective property conditions. If a defective property condition exists on the premises, a property owner might be subject to liability for any accidents caused by the defect.
Some common examples of defective property conditions that might cause injuries include the following:
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Icy or slippery floors
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Cracked or chipped flooring
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Broken stairs
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Loose or damaged carpet
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Broken or missing railings
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Uneven sidewalks
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Poor lighting conditions
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Defective equipment
Generally, a premises liability claim could be filed for injuries from any number of defective property conditions. However, it is important to remember that the injured party must establish that the property owner knew or should have known about a defective property condition and failed to correct the condition.
Open and Obvious Defects and the Interplay with Comparative Negligence in New Jersey
Although a property owner owes a duty to make premises reasonably safe for use by individuals, this duty is not absolute. One of the commonly used defenses in a premises liability case is that the defective property condition that caused an injury was open and obvious. The open and obvious doctrine provides a key exception to the general duty to warn of unsafe conditions.
An open and obvious defect is one that an average person would discover on the property with normal or casual inspection of the property. This generally means that the defect would have been easily discovered by a reasonable person in the same circumstances. It is important to note, however, that the open and obvious doctrine is not an all-or-nothing defense; it could be raised simply to limit an injured person's recovery under a theory of comparative negligence, which takes into account a plaintiff's own negligence in awarding compensation. The bottom line is that even if a hazard might be considered "open and obvious" under traditional analysis, New Jersey's comparative negligence system would likely allow for apportionment of fault between the parties based on their respective degrees of negligence.
Do You Need a Premise Liability Attorney in New Jersey?
If you were injured on the property of another, you might be able to receive compensation for your damages. The property owner's insurance company will have adjusters, whose first aim is to minimize or avoid responsibility and payouts. Adjusters are experienced, determined, and convincing. You can easily be persuaded to give information that may seem harmless, but it can later be used to your detriment.
Moreover, cases involving premises liability are very specialized, and a successful claim can turn on a small detail that an experienced New Jersey personal injury lawyer may can uncover far easier than you, if you were to file a claim on your own. Additionally, there are many laws and court rules that must be followed if a case proceeds through a court and to a trial.
Contact a Premises Liability Lawyer in Passaic County Today
Don't try to file a premise liability lawsuit on your own. At Mongiardo Law Group, our premises liability attorneys in New Jersey will fight for the outcome you deserve, using strong negotiation skills and years of legal experience. Contact Mongiardo Law Group today at (973) 298-4557 or online to schedule a free consultation to discuss your case.
