There are a lot of different types of cases involving premises liability depending on what type of defendant there is. For instance, depending on if it is a residential property or a commercial establishment, then there is a different area of law that applies to that claim.
A premises liability attorney will handle all different types of premises liability claims, whether it involves a residential property or a commercial property. There are just different rules and different laws that apply depending on which is involved.
If you have been injured due to another individual’s negligence, it is pertinent that you hire an experienced attorney to help determine the type of premises liability case you can bring forward. A knowledgeable lawyer will be able to build a case to help maximize any damages you may be deserving of.
Commercial vs. Residential Liability
There are different elements to consider depending on whether or not an individual was injured on a commercial or residential property. If an individual is involved with a commercial establishment and there is a premises liability claim against that establishment, then an owner must follow a specific set of rules.
The rules that apply to a commercial landowner are that they have a higher duty of care to prevent dangerous conditions on their property, to their customers, and to their guests.
There are different things involved with regard to a residential owner. Their duty of care is not as high as a commercial owner. Many elements need to be evaluated, and an attorney will need to determine the dangerous condition, if there was notice to the defendant of that dangerous condition, if they knew about it, or if they should have done reasonable inspections to find that dangerous condition and correct it.
After that element has been established, an attorney will determine what injuries were caused and how much the individual should receive to compensate them for everything that they have been through.
Severity of the Case
The elements of the case can depend on the severity of the situation. When an individual is talking about what qualifies as more severe, it depends on if it is in reference to the dangerous condition of the injuries or the dangerous condition of the environment. Both factors can have a significant impact on the way damages are recovered in the different types of New Jersey premises liability cases.
Where Liability May Occur
There are many types of premises liability cases involving commercial stores such as supermarkets and big convenience stores. Many times, these establishments sell liquid which can be spilled on the floor, or have refrigerators or freezers where items are leaking.
Parking lots and sidewalks of commercial establishments are also common locations that deal with premises liability cases. This can range from snow and ice during the winter months, to defects such as potholes, cracks in the sidewalks, and other elements that these commercial defendants need to remedy to prevent their customers from sustaining injury.
Common Types of Cases
In the winter months, the most common types of premises liability cases in New Jersey are falls on snow and ice. This is because a lot of establishments either do not have good snow and ice removal procedures in place, or they do not properly take care of their establishment when the weather turns bad.
In addition to removing snow and ice after a storm, there are also procedures that need to be in place with regard to a melt and a refreeze. Individuals will clear a parking lot or sidewalks, put a pile of snow into a location that when the sun comes up and the snow starts to melt, the water will go back on to that area that the customers are walking on. When the sun goes down and the water refreezes, it can become a very dangerous situation.
Outside the winter months, there are a lot of premises liability claims involving slip and falls on dangerous conditions inside commercial establishments, such as leaks or cracks in the floor.