Slip and fall or premises liability accidents are a significant subset of the personal injury claims filed every year in the State of New Jersey. When someone is injured on the property of another, the availability of financial relief can often depend on the use of the property and the activities being engaged in at the time. Most people entering onto the property of another are “invitees” on the property, and this status puts them in a strong position when it comes to making a claim if they are injured by the negligence of an owner or operator of the property or a dangerous condition on the property. In situations where properties are subject to leases or other license arrangements, identifying the party at fault can be more complicated. Leases and other agreements can often allocate responsibility for property maintenance as well as any insurance obligation. If an accident or injury is due to improper security or inadequate maintenance or snow removal, additional parties may be at fault and in the event of a claim, would need to be added to a lawsuit.
The activity of a person entering onto the property can also be important. If an individual has climbed over a fence and entered into a secure area, the likelihood of a successful claim will be significantly diminished. However, even in such cases, our laws typically look to what an owner or operator of the property knew or should have known with respect to any potential danger or injury. Our law can impose obligations to inspect property conditions and provide notice of danger. In cases involving supermarkets or retail stores, our courts have imposed an obligation for operators to periodically inspect the premises to guard against slipping hazards. Commercial operators of large parking lots or retail stores need to have adequate security and snow removal operations if they are going to invite customers onto the premises to purchase goods.
Contact our personal injury attorneys today
If you have been injured in a slip and fall accident or suffered injury while on the property of another, we encourage you to contact us. We provide free consultations for all personal injury claims.