Landlords in New Jersey have an obligation to maintain reasonably safe standards for all permitted visitors on their property, and even limited rights to people who trespass. So, this may seem like a very clear-cut area of the law, but it can become complicated pretty easily. That’s why, generally speaking, you should never pursue a legal matter without the input of an experienced personal injury attorney.
Here are just some examples of properties where a slip and fall accident could occur, resulting in an injury:
- Residential rental or leased properties,
- Commercial rental or leased properties,
- Private properties (such as a home), and
- Public access properties such as:
- Movie theaters,
- Retail shops, and
You will want to consider your visitor status at the time of your accident. There are three main categories of visitors under the law. They are:
- Business Invitee,
- Licensee, and
A business invitee is someone who is allowed on the property because the owner is allowing the premises to be open to the public for business. Residential and commercial tenants of a property are also included in the “business invitee” category. This type of visitor is permitted to be on the property, but oftentimes limited in where they are allowed to go.
Licensees are people who have legal permission to be on another’s property. The owner or manager of a property does not have to inspect and perfect a property for a licensee’s visit, however such visitors must still be warned of known dangers on the property. An example of a licensee would be construction or third-party maintenance workers, and social guests attending a party or event.
Finally, trespassers do not nearly have the same amount of rights as the other two categories of visitors. The owner of a property usually only has the duty of care not to intentionally, maliciously, or recklessly cause harm to the trespasser.
Filing an insurance claim is usually the first course of action when someone is injured in a slip and fall accident. Most New Jersey landlords will have liability insurance in case their negligence causes injuries to another party.
If a claim with the insurance company does not go the way you had hoped, you can take it a step further by filing a lawsuit. This requires your attorney to submit a formal “complaint” to the court making it clear that whoever you are suing was at fault and not acting in accordance with the laws. There will also be a request in the complaint asking the court to order the responsible party to compensate you for damages suffered.
Here at Rosenblum Law, most of the personal injury cases we handle end up with a settlement, which can occur at any time in the process. We put our decades of litigation experience and unrivaled legal expertise on your side to ensure you get the best possible chance to recover both physically and financially. If you or a loved one have been injured in a fall down stairs, don’t hesitate to take the crucial first step on the road to recovery.
Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/fall-down-stairs/