Determining Liability for Your NJ Slip and Fall Injury
Slip, trip, or fall accidents can take place anywhere, such as the local grocery store, neighbor’s patio, or public buildings. But who is responsible if you fall and suffer a serious injury? Determining premise liability depends on the place where you fell; and the liability owed by property owners for a slip and fall accident in New Jersey depends on the type of property.
Residential Areas
You can usually hold the homeowner liable for your slip and fall injury if you fall on someone’s private property. However, you should know that owners of residential properties are not always responsible for a trip and fall injury on residential sidewalks or weather-related injuries.
Commercial Property
Commercial property owners are usually held liable if the slip and fall takes place at a commercial establishment. This can be a restaurant, grocery store, organic market or the sidewalk in front of an establishment. Owners of New Jersey commercial properties are responsible for dangerous conditions that may result in someone slipping and falling. This holds true even if they did not know about it, but should have with reasonable inspection.
Your landlord may be held responsible for a fall in the common areas of the building you are residing in. Landlords are treated similarly to commercial property owners in general. They are responsible for maintaining, repairing, and inspecting all areas that are under their control. The landlord can be held liable if you or a guest gets injured because of a dangerous condition that is discoverable through reasonable inspection.
Public Space
You may hold the government or municipality liable if you slip and fall while at the park, inside a municipal building, or any other public property. Specific requirements contained within the New Jersey Tort Claims Act (also known as Title 59) dictates that public entities are responsible for slip and fall injuries caused by dangerous conditions.
However, there are strict guidelines mentioned in the section for pursuing a personal injury liability against any governmental entity. For instance, you need to file a Tort Claim Notice within 90 days of the accident with the appropriate entity. You may lose your right to sue if you miss this important statute of limitations!
Protect Your Right to Compensation with Experienced New Jersey Personal Injury Attorneys
Slip and fall injuries can cause significant pain and suffering, loss of wages, and medical injuries. You may face considerable hardship because of the accident, which makes it important to consult with a premise liability lawyer immediately. Statute of limitations is narrow in certain cases and you need to move fast.
The attorneys at Sarofiem & Antoun LLC have extensive experience handling complex lawsuits and dealing with difficult insurers. We do not mind going to trial if it means maximizing your compensation. Get in touch with us today by calling at (201) 792-3333 for a free consultation.
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