Client Focused
Solution Driven

Premises liability in New Jersey: Determining who’s at fault

On Behalf of | Sep 8, 2022 | Personal Injury, Premises Liability |

The 2013 New Jersey Revised Statutes Section 2A:42A-8.1 states that a property owner owes a duty of care to people legally on their premises. But, if someone gets injured while on their property, the fault doesn’t always automatically fall on the owners.

When property owners are held liable

Property owners are legally obligated to take measures like setting up signs for potentially dangerous areas, repairing known issues, and providing adequate lighting in common areas. If they don’t do these things and you get hurt as a result, then they can be held liable for your personal injury.

For example, if you slipped on a wet floor at the grocery store and there was no “Wet Floor” sign, the store could be held responsible. The same goes for if you were walking down a set of stairs that wasn’t well-lit and you tripped because you couldn’t see where you were going. In both cases, the property owner didn’t take reasonable steps to keep visitors safe so that they would be liable.

When property owners aren’t held accountable

In some situations, the owner wouldn’t be held liable even if an injury occurred on their property. This is usually because the visitor was acting in a way that wasn’t reasonably safe. For example, if you were trespassing on someone’s property and got hurt, they wouldn’t be held responsible.

When filing a personal injury lawsuit against the premises owner, the law requires you to show how negligent they were in making their property safe for you. This can be done by providing evidence that the property owner knew or should have known about the hazard and didn’t take steps to fix it or warn visitors. Then, you will need to prove how their negligence was a substantial factor in causing your injuries. If the judge rules in your favor, you may be able to recover compensation for your medical bills, lost wages and pain and suffering.