Dawn Pinnisi
February 28, 2024
Getting hurt while working on someone’s property is unfortunately not an uncommon occurrence. Whether on private or commercial premises, individuals often find themselves facing injuries that can have significant and lasting consequences. The pressing question that arises in such situations is whether the property owner is liable for these injuries.
In general, property owners are liable for injuries when they are negligent and their negligence leads to injuries. However, these cases are not always clear-cut. This means that if someone gets hurt while working on your property, you may or may not be liable for their injuries and losses.
If you suffer injuries in a property-related accident, to handle the issues of liability properly, seeking the assistance of a New Jersey premises liability lawyer becomes crucial. They will work to ensure that justice is served for the parties involved in such incidents.
Cases When the Property Owner Can Be Liable
Generally, property owners can be liable for losses sustained on their property under premises liability laws. Premises liability assumes that the property owners are liable for injuries such as slips and falls and other incidents that result in injury to property occupants.
In most situations, your homeowner’s insurance policy will be useful in covering the losses experienced by the victim. Personal liability coverage may also chip in to pay for injuries sustained by others on your property up to the policy’s limits. However, you will not always be liable and liability depends on various factors and circumstances. Here are some cases where a property owner might be liable or not for injuries:
Negligence
As a premise owner, you have a duty of care to maintain your premises safely and provide reasonable warnings of any potential hazards. If you fail to fulfill this duty of care and it causes an injury, they can be held liable for the damages. For instance, if you don’t fix a broken step and someone falls and gets injured, you may be held responsible for negligence.
Licensee or Invitee Status
The legal status of the injured person also plays a role in determining liability. Licensees are people who are on the property with the owner’s consent but for their own purposes, such as social guests. Invitees are individuals who are on the property for the owner’s benefit, such as customers at a store. Property owners generally bear a higher duty of care to invitees compared to licensees.
Open and Obvious Hazards
Property owners might not be responsible for the harm if a hazard that led to an injury was easily seen and clear. In such cases, it is expected that individuals would exercise caution and avoid the hazard. However, there are exceptions to this rule, such as if the property owner created the hazardous condition despite its obviousness.
Assumption of Risk
In some cases, a property owner may not be liable if the injured person knowingly and voluntarily assumed the risk associated with the activity or condition that caused the injury. For example, if someone participates in a recreational activity with inherent risks, they might be considered to have assumed those risks and relieve the property owner from liability.
Why Do You Need a Premises Liability Lawyer?
Premises liability laws can be challenging and may involve many aspects, such as homeowner’s insurance and workers’ compensation. A premises liability lawyer specializes in this area of law and has the knowledge to navigate through the legal process.
Also, a premises liability lawyer can help protect your interests by providing legal advice, representing you in court if necessary, and working towards a favorable outcome. They will help collect evidence, interview witnesses, and reconstruct the events to build a strong defense or claim.
Importantly, your lawyer will assess the circumstances of the incident and evaluate potential liability. They can help you understand whether you may be responsible for the injuries sustained on their property or if there may be other factors involved. If so, they can help them handle the insurance claims process professionally.
In the event that a case goes to trial, your fall injury lawyer will be your advocate in the courtroom.
They will make legal arguments to build a robust defense so as to protect your rights and interests.
Contact a Premises Liability Attorney Today
The issue of liability for premises liability cases may not be easy for a layman. If you’re facing potential claims due to people getting injured while working on your property, looking for an attorney is in your best interest. A lawyer from Varcadipane & Pinnisi, P.C. will evaluate the situation and determine the possible liability and defenses. Importantly, we help safeguard your rights through the right application of the law. Contact us today and let’s review your case for free.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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