New Jersey Premises Liability Lawyer

Injuries caused by unsafe property conditions are often grounds for a premises liability claim in New Jersey. Property owners have a legal duty to keep their premises safe for visitors, which includes addressing hazards that could cause harm. Typical scenarios include slip and fall claims in shopping centers, injuries from poor lighting in parking lots, or even dog bites in residential neighborhoods. A New Jersey premises liability lawyer can evaluate your case, explain your rights, and help you determine whether you are entitled to compensation. At Varcadipane & Pinnisi, P.C., our experienced attorneys provide the legal support to navigate these often complicated claims.

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What Is a Premises Liability Lawsuit?

A premises liability lawsuit is a legal claim that allows an injured individual to seek compensation from a property owner who failed to maintain reasonably safe conditions. In New Jersey, homeowners are legally obligated to ensure their premises are free from hazards that could harm visitors. This duty of care applies to private landowners as well as businesses. It includes inspecting for potential dangers, promptly fixing known issues, and providing warnings when hazards cannot be immediately resolved.

The state statutes set clear guidelines for homeowners’ responsibilities, emphasizing that they may be held liable for injuries caused by dangerous conditions on their premises. For instance, N.J. Stat. § 2A:42A-7 specifically addresses liability for unsafe conditions, outlining that titleholders may be accountable if they neglect their duty to keep the premises safe.

To successfully bring a premises liability lawsuit, the injured party (plaintiff) must demonstrate that the owner of the property (defendant) knew or should have known about the hazardous condition and failed to take reasonable steps to address it. Examples of premises liability cases include slip and fall cases, dog bites, and injuries resulting from inadequate security or maintenance. When negligence is proven, the injured party may be eligible to receive compensation for damages such as medical expenses, lost wages, and pain and suffering.

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Most Common Premises Liability Claims

Many types of accidents and injuries can lead to premises liability claims. Some of the most common claims include:

Slip and Fall Accidents

Slip and fall accidents are among the most frequent premises liability cases. These incidents occur when an individual slips, trips, or falls due to a hazardous condition on someone else’s property, such as wet floors, icy sidewalks, or uneven surfaces. Property owners are responsible for keeping walkways, parking lots, and building entrances safe and free from hazards that could lead to slip and fall claims. In New Jersey, failing to address these dangers can result in liability for injuries.

Dog Bites and Animal Attacks

Property owners are responsible for ensuring that any pets on their premises do not pose a threat to visitors. In New Jersey, if a dog bites someone on the owner’s property, the owner may be liable for the victim’s injuries regardless of whether the dog has previously shown aggressive behavior. This strict liability standard makes it easier for dog bite victims to file a claim against the pet owner.

Inadequate Security

When a property lacks adequate security, visitors may be vulnerable to crimes such as assault or robbery. Premises liability claims based on inadequate security are often filed against owners of commercial properties, such as hotels, parking garages, and apartment complexes. Real estate owners may be held liable if it is shown that they failed to implement necessary security measures, like adequate lighting, security cameras, or hiring personnel to ensure visitor safety.

Swimming Pool Accidents

Homeowners with swimming pools must take special precautions to ensure guest safety, including fencing around the pool area, proper signage, and maintenance. Drowning accidents or other pool-related injuries often result in premises liability claims when they fail to enforce safety measures, especially in cases involving children who are naturally drawn to swimming pools.

Falling Objects

Accidents involving falling objects, such as improperly secured shelving in a store or items falling from a building site, can cause grave injuries. Owners are responsible for ensuring their property is free from hazards that could lead to falling objects. These cases may arise in retail environments, construction sites, or multi-story buildings where safety protocols are not followed.

Each of these types of accidents can lead to serious harm, and they often require medical treatment, time off work, and even long-term rehabilitation. Consulting with a New Jersey premises liability lawyer is the best way to understand your rights if you’ve been hurt in any of these incidents.

Can I File a Claim Against Public Entities?

Fulfilling a premises liability allegation against public entities in New Jersey is possible, but the process involves unique rules and limitations. Public entities, such as municipalities, government buildings, parks, and schools, are typically protected by sovereign immunity, which shields them from certain types of lawsuits. However, under the New Jersey Tort Claims Act, some exceptions allow individuals to bring claims if they can prove the public entity’s negligence led to a dangerous condition that caused their injury.

According to N.J. Stat. § 39:6-65, individuals injured due to unsafe conditions on public property can hold the responsible public entity accountable if it can be shown that the entity was aware of the hazard and failed to address it within a reasonable timeframe. For example, if someone is injured on an icy sidewalk that a municipality failed to clear or repair, they may have grounds for a claim, provided they meet the legal requirements.

It’s important to note that allegations against public entities have strict procedural requirements and shorter filing deadlines. Generally, an injured party in New Jersey must file a Notice of Claim within 90 days of the incident. This notice serves as a formal warning to the public entity, allowing them to investigate the facts. Failure to file this notice within the specified timeframe could result in dismissal. Given the complexities and unique restrictions involved, working with a New Jersey premises liability lawyer is essential to successfully pursuing a claim against a public entity.

How Long Do I Have to File a Premises Liability Lawsuit?

The statute of limitations for filing a premises liability lawsuit is generally two years in New Jersey from the date of the injury. This means that if you were injured on someone else’s property, you have two years to initiate legal action against the property owner. Failing to file within this time frame typically results in losing your right to pursue compensation.

It’s important to note that this deadline can vary depending on the circumstances of your case. For example, if the claim involves a public entity, you must file a Notice of Claim within 90 days, as discussed above. Furthermore, some cases may have unique factors that impact the statute of limitations, such as if the injured party is a minor or if the defendant fraudulently concealed the hazardous condition.

Acting promptly is fundamental because you must complete the deadline to seek compensation. A New Jersey premises liability attorney can help ensure your claim is filed correctly and on time, maximizing your chances of a successful outcome.

Get Help from a New Jersey Premises Liability Lawyer Today

If you’ve been injured on someone else’s property in Paramus or anywhere in New Jersey, you don’t have to go through the legal process alone. At Varcadipane & Pinnisi, P.C., we have extensive experience handling premises liability cases, including slip and fall claims, and are dedicated to helping our clients receive the compensation they deserve. Call us at (201) 588-1500 or contact us today for a free consultation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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