Premises Liability Lawyer in Jackson, NJ

Landowners in Jackson, NJ, are legally obligated to maintain safe conditions on their properties. Common hazards like icy walkways or exposed electrical wiring pose a significant risk and can cause serious injuries. If a property owner negligently creates or fails to fix known hazards, they can be financially responsible for injuries to guests. If you have suffered an injury on someone else’s property, a premises liability lawyer in Jackson, NJ, from Brach Eichler Injury Lawyers is here to help.

We collectively have decades of legal experience and have recovered tens of millions for those who have sustained injuries due to negligent or irresponsible landowners. Property owners have a legal duty to protect their guests’ safety, and we can hold landowners accountable who shirk that obligation and cause injury.

Contact our offices today or call (973) 364-8300 for a case consultation with a personal injury attorney in Jackson, NJ.

Examples of Premises Liability Accidents

Premises liability requires property owners in Jackson to make reasonable efforts to make their properties safe for guests. If the property owner knows about a specific hazard, they must either fix/remove it or post warnings to notify visitors. When they fail to fix or secure hazards, they can be held liable for subsequent injuries.

Below are some hypothetical scenarios in which the injury victim could potentially pursue a premises liability claim:

• A pedestrian slips on an icy patch in a business parking lot and injures their spinal cord from falling.
• An unsecured crate in a warehouse falls off a shelf and strikes a customer in the head, causing a concussion.
• A grocery store employee fails to put up a wet floor sign after mopping, and a customer slips.
• A construction crew fails to fence off a hole, and a passerby falls in while walking at night.
• A landlord fails to respond to electrical maintenance requests, and faulty wiring electrocutes a tenant.
• A property owner lets their large dog off leash, and it jumps on a guest, causing scratching wounds.
• A guest injures themselves in a hotel swimming pool due to insufficient warning about shallow water.
• A concert venue fails to implement proper crowd control procedures, and a concertgoer suffers injuries from overcrowding.

In each of the above instances, the property owner violated some standard of reasonable conduct in maintaining safe premises and caused injury.

Legal Elements of a Premises Liability Claim in Jackson

Most premises liability claims in New Jersey are negligence actions, meaning the property owner failed to exercise a reasonable level of care. To make a successful negligence claim, the injured victim must show:

• The property owner owed the victim a duty of care (Duty)
• The property owner violated that duty, whether through action or inaction (Violation)
• The violation caused the victim’s injuries (Causation)

In other words, legal responsibility in premises liability claims boils down to whether the landowner’s negligence caused the victim’s injuries. Determinations of negligence are usually based on an understanding of what a reasonable person would do in similar circumstances. It’s not enough that the landowner actually caused the injury. They must have also specifically violated some standard of reasonable behavior when they caused it.

Actual vs. Constructive Notice in Premises Liability Claims

To demonstrate legal responsibility in most premises liability cases, it is sufficient to show that the landowner had actual notice of the hazard – i.e., they actually knew about it. However, proving a landowner’s actual knowledge about a specific danger can be tricky. You would need evidence like communication records or maintenance reports showing the owner’s explicit recognition of the hazard.

As such, it is often enough to show that the property owner had constructive notice of the hazard. A property owner has constructive notice of a hazard if they would have known about the hazard if they had exercised reasonable diligence. In other words, one has constructive notice when a reasonable individual in the same situation would have discovered the danger.

For instance, imagine a Jackson business owner neglects annual required building inspections. Later, a structural defect causes the floor to collapse, injuring a customer. In this case, the business owner could be liable even though they did not have explicit knowledge of the flooring defect. They are liable because they should have known and would have known if they had not neglected their duty to inspect.

Comparative Negligence and Premises Liability Accidents in New Jersey

Liability is a two-way street in premises liability cases in New Jersey. As a visitor, you also have a duty to act prudently while on the property and to preserve your safety. If you neglect this duty, you can share liability for your injuries, which can impact the amount of any final settlement.

New Jersey’s comparative negligence laws work by reducing final compensation according to the percentage of fault you bear. As long as you are less than 51 percent at fault, you can still recover compensation. It will just be less than the amount you would receive if you did not bear fault. The structure of this system necessitates working with an experienced attorney who can minimize your liability to maximize compensation.

FAQs About Premises Liability in Jackson 

Premises liability is a complex topic, so we have put together a list of some of the most common questions we receive. Contact our offices today if you have a more specific inquiry or would like to discuss your case with a New Jersey premises liability attorney.

Can I File a Claim If I Tripped Outside a Business in Jackson?

The New Jersey Supreme Court has ruled that businesses are responsible for reasonably maintaining public sidewalks and walking paths surrounding their commercial lots (see Alejandra Padilla v. Young Il An (2024)). So, yes, if you trip outside of a business in Jackson because of negligent walkway maintenance, you could potentially file a lawsuit. Commercial property owners must maintain walkways even if the lot is vacant and no business activity is occurring there.

What Should I Do Right After a Fall Injury in Jackson, NJ?

After receiving necessary emergency medical attention, your first priority should be documenting the accident scene. Take photos of your injuries and the environment, noting features that caused the fall. You should also get the contact information of any eyewitnesses in case you need them to make a statement. Contact the property owner and get their insurance information.

Next, see a doctor about your injuries and get copies of relevant medical documentation. The more evidence you have concerning your injuries, the better. You can then speak to a personal injury attorney about filing a claim. They can guide you through the legal process and represent you in negotiations or litigation.

Is the Legal Process for Injury Claims Different for Public vs. Private Property in Jackson? 

Yes, the process differs for premises liability claims involving public vs. private property. With public property, the owner is usually a government entity, and the rules for suing the government are different. Claimants must first file a notice of claim with the relevant government entity within 90 days of the injury date or injury discovery date (NJSA 59:8-8). Once the entity receives the notice, there is a six-month waiting period. After that, you can file a claim in the appropriate court. If you miss the 90-day filing deadline, the state could permanently bar you from recovering compensation against them.

How Long Do I Have to File a Premises Liability Lawsuit in Jackson, NJ?

NJSA 2A:14-2 puts a two-year time limit on all personal injury lawsuits, premises liability lawsuits included. After two years, any legal claim to damages will expire. There are some exceptions that can extend the deadline, such as injuries to minors or cases where the offender flees the state. However, most cases will fall under the two-year deadline, so it’s best to start as early as possible.

Brach Eichler Injury Lawyers: Decades of Experience Fighting for Injury Victims

The Jackson personal injury attorneys at Brach Eichler Injury Lawyers have recovered over $500 million for injured clients and collectively have decades of legal experience. Some of our largest settlements have been for premises liability claims, including a $3.6 million and a $3.2 million settlement for slip and fall injuries. We have a deep understanding of the legal structures governing property owner liability and are confident in our ability to pursue your claim.

We also work on a contingency basis, meaning we only take a fee if we win your case. With this arrangement, you can secure experienced legal counsel without worrying about the stress of upfront payment. We promise to leave no stone unturned and will utilize every available legal strategy to recover your losses.

Contact us online or reach out by phone at (973) 364-8300 to speak to a Jackson personal injury lawyer about your premises liability case. We operate several offices around the state and can schedule a meeting at a location convenient for you. We look forward to hearing your story and helping you understand and pursue your next steps after a premises liability accident.