Anyone who sets foot on land they don’t own assumes at least some risk that they might get hurt by a dangerous property condition that neither they nor the landowner knew about beforehand. However, that doesn’t mean property owners in New Jersey are never legally responsible for hazards on their property, which they don’t have direct knowledge of. And it definitely doesn’t mean they’re not responsible for hazards they did know of but didn’t do enough to warn you about.
In either situation, guidance from a seasoned personal injury attorney with experience winning similar cases can be key to getting a favorable result from your claim. Founding Partner Jon Ostroff, Managing Partner Rich Godshall, and Partner Ryan Jablonski have won thousands of premises liability cases. In one case, they secured $380,000 for a contractor who injured his shoulders and spine falling through a trapdoor. Call to learn how an Eatontown premises liability lawyer at Ostroff Godshall Injury and Accident Lawyers can help you.
When Are Property Owners Liable for Injuries?
New Jersey landowners have a “duty of care” to keep their property in a reasonably safe condition for lawful visitors and to avoid intentionally harming anyone who illegally trespasses on their property. However, what qualifies as a “breach” of this duty changes somewhat depending on a particular visitor’s reason for visiting, as an Eatontown premises liability attorney can explain.
No matter what, landowners are always expected to warn lawful visitors on their property about hazards that they—the landowner—already know about and which aren’t “open and obvious” to any reasonable person. They’re generally expected to cordon off or fix hazardous conditions reasonably soon after learning of them. However, if a person is an “invitee” visiting specifically for the landowner’s benefit—such as a customer in a retail store—the landowner also has a duty to inspect their property regularly for hazards they aren’t yet aware of. This is how a landowner could be legally responsible for a hazard they didn’t know about.
Getting Around Legal Roadblocks to Recovery
Of course, a person who gets hurt on someone else’s property due to a dangerous property condition can be held partially at fault for their losses if they were also negligent in some way. Even something as seemingly small as wearing shoes with no tread could be held against you as “comparative fault” if a court or insurance provider decides it contributed to causing the injuries you’re trying to sue over.
Support from a knowledgeable property liability lawyer in Eatontown can be crucial to fighting against these kinds of accusations and making sure you don’t miss out on much-needed compensation because of them. Legal counsel can also help you build a strong case within the filing deadline set by the “statute of limitations,” which is usually two years after the date on which your injury occurred.
Consider Working With an Eatontown Premises Liability Attorney
Premises liability law works very similarly to standard personal injury law in some ways, and very differently in others. Understanding how those differences might affect your claim can be essential to getting fair financial payments through a private settlement or a court verdict. This is something that can be hard for anyone to do on their own.
Hiring an Eatontown premises liability lawyer at Ostroff Godshall Injury and Accident Lawyers can be an important first step toward a successful case outcome. Learn more by calling today.
