Holding a Landlord Liable for Injuries on their Property
There are many different hazards on public and private property alike which have the potential to cause serious injuries to visitors and residents of those properties. Things like uncleared ice or snow, exposed wiring, lack of security, insufficient lighting, potholes or uneven surfaces, wet floors, and many other safety risks all have the potential to cause serious injury.
When a visitor to the property is injured by any of these different hazards, they may be able to recover compensation for their injuries and damages through a premises liability claim.
However, if the injured party is a resident or tenant of the property where they are injured, they and their Passaic County premises liability attorney will most likely have to demonstrate or prove several additional factors in order for the premises liability claim to be successful.
Wayne, NJ Premises Liability Attorneys Represent Visitors of Properties
If you, as a visitor to a property, are injured on said property, you may wish to file a premises liability claim in order to recover compensation for your medical expenses, lost income, and emotional and physical pain and suffering.
In order for your premises liability claim to be successful, you and your Wayne premises liability attorney will need to prove that your injuries were the direct result of some type of hazard present on the property in question. In addition, as with any personal injury claim, you will need to demonstrate that your injuries were the result of reckless or negligent actions of the property owner, landlord, or some other responsible party.
In the case of premises liability and injuries to a visitor of a property, this means:
- You, as the visitor, exercised a reasonable amount of care and safe action while on the property, and that the hazard which caused your injury was not readily apparent or clearly marked as being dangerous.
- The owner of the property or the person or entities charged with its maintenance either knew about the hazard which caused your injuries and did not take actions to address it, or reasonably should have known of its existence through the normal performance of their duties as landlords or property managers.
- The landlord or property manager was given a reasonable amount of time to address the hazard, or learn of its existence and take the necessary action.
Clearly, a great deal of evidence and proof goes into the success of any premises liability claim, and for this reason it is highly recommended that when seeking compensation for your injuries on another property, you retain the counsel of an experienced Wayne, NJ premises liability attorney to help you demonstrate these many variables, and ensure that you recover full and fair compensation for your injuries and damages.
Clifton, NJ Premises Liability Lawyers Represent Tenants and Residents
So while the three elements listed above represent the foundation of a successful premises liability claim, if the injured party is a tenant or resident of the property where they are injured, it can add an additional layer of questions and proof to the personal injury recovery process.
This is primarily due to the fact that courts will assume that a tenant of a property will have much greater knowledge of that property, and its state of repair or lack thereof, and may even themselves be partially responsible for the property’s maintenance.
This means that in order for a tenant to hold a landlord or property owner liable in a premises liability claim, not only will they have to demonstrate the factors listed in the section above, the court will also consider the following aspects:
- Did the tenant know of the hazard?
- Did the tenant notify the landlord or property manager of the hazard’s existence?
- Is the tenant responsible, or partially responsible, for repairing the hazard?
In the case that the injured tenant knew about the hazard but never notified the landlord or property manager, their premises liability claim may be dismissed entirely, as a court would consider it the tenant’s duty to both inform the landlord and take reasonable care avoiding the hazard.
On the other hand, if the court finds that the tenant should have been at least partially responsible for repairing the hazard themselves, they may assign partial fault to the tenant, and reduce whatever compensation they ultimately receive by the percentage of fault they are determined to have (known as comparative negligence).
So while having an experienced Clifton, NJ premises liability attorney on your side when seeking compensation for injuries sustained as a visitor to a property is highly recommended, it becomes that much more important still if you are a tenant or renter of the property where your injuries occurred, as there are several added complications and considerations in play in such a scenario.
Contact Our Passaic County Premises Liability Attorneys Today
At The Law Office of Fredson & Statmore, our attorneys have extensive experience helping the victims of negligence to recover compensation through personal injury claims of all kinds in towns across Passaic County, including Clifton, Wayne, Paterson, West Milford, and Woodland Park.
Whether you have suffered an injury as a visitor to a private or public property, or have been injured on the property will you live or rent a work-space, our firm is ready to provide you with the knowledgeable, effective, and attentive legal counsel that you need and deserve in matters so important to you and your family’s legal and financial futures.
To speak with our team today in a free and confidential consultation regarding your injuries, your options for recovering compensation, and how exactly we can help you to do so, please contact us online, or through our Clifton, NJ office at (973) 777-8600.