People who are injured through no fault of their own while on another’s private, public, or commercial property may have a legal claim to recover damages for the injury. Property owners have a legal duty to provide safe conditions.
To determine if a valid lawsuit exists, promptly contact an experienced Camden County premises liability lawyer. A distinguished personal injury attorney can help you review the facts of your case before filing your claim.
Premises Liability Laws
Many types of hazardous situations can cause serious injuries, such as breaking a leg slipping and falling on a wet supermarket floor, head trauma from tripping on a damaged sidewalk, or getting badly burned at a neighbor’s barbecue.
All property owners and the controllers of property, such as store managers, are required by law to reasonably monitor the property to eliminate hazardous conditions and to keep properties safe.
Camden County premises liability lawyers have seen liability avoidance achieved by repairing the hazard, preventing access to the hazard, or installing adequate warning signs.
Failing to take those measures is legally negligent, but only if the property owner or controller knew or should have known the hazard was there, called constructive knowledge. If the hazard was not known, then liability does not exist because the injury was not foreseeable.
Camden County premises liability lawyers know that the injured person must have been legally on the property at the time of the injury. The law has classifications, called licensees and invitees. Licensees are people who go onto the property for their own reasons, such as delivering mail. The property owner’s duty to licensees is to advise them of a hazard.
Invitees are those who are invited either expressly or by implication, such as visitors and those on the property to do repairs. They are owed reasonable care while on the property.
Trespassers are people who go onto the property for their own purpose, without invitation expressed or implied. No legal duty is usually owed to them. Children who use property as a shortcut are known trespassers and they are owed reasonable care.
A property that has a dangerous condition that attracts children, such as a large hole in the ground or earth moving equipment, is an attractive nuisance. An adequate warning or fencing off the property is necessary to avoid risk, and failing that invites liability. Individuals should contact a Camden County premises liability lawyer to prove a strong case for negligence.
New Jersey Negligence Law
Negligence is failing to behave in a manner that a reasonable person would use toward another person or entity to avoid causing injury or property damage.
Premises liability is adjudicated under New Jersey’s modified comparative negligence standard, which limits the amount of damages that may be claimed by the percentage of fault the injured person bears. If the fault is greater than 50 percent, no damages may be claimed.
Talk to a Camden County Pedestrian Accident Attorney
Camden County premises liability lawyers can evaluate the circumstances of the injury to determine if a valid claim can be made under New Jersey law. A lawyer will also explain the law involved, the available damages, and the legal process that must be followed.