To you, the proof that the management or property owner’s actions caused your injuries could be as clear as day. But the state of New Jersey’s statutes require more evidence than just getting hurt on someone else’s property. Continue reading to find out your rights and obligations if you were hurt on someone else’s property. You can also get more details on what constitutes a legitimate premises liability claim in New Jersey by getting in touch with a reputable New Jersey Personal Injury Lawyer.
What is Considered a Valid Premises Liability Claim?
To put it simply, premises liability refers to the legal responsibility for harm suffered on another person’s property. Suppose you get hurt on the owner’s property. Be it their residence, place of business, or otherwise—you have a right under the law to file a lawsuit against them to recover damages under premises liability laws.
To effectively file a premises liability claim in New Jersey, all you have to do is submit proof that it is very likely that the management or proprietor of the property owed you a duty of care, breached that obligation, and caused you to suffer economic or physical harm.
How Can You Prove a Premises Liability Claim in New Jersey?
As previously stated, proving responsibility in a case involving negligence involves a series of four steps:
- Proving the presence of duty, such as requiring injury to be “reasonably foreseeable” due to the defendant’s behaviors, showing a “proximity” link between the plaintiff and defendant, etc.
- Demonstrating a breach of such obligation, indicating that the violation occurred due to negligence or intentional behavior
- Establishing the causal connection between the defendant’s actions and your injuries, i.e., proving a breach of duty
- Proving the losses that emerged naturally from the injury.
In other words, it is necessary to show that the owner of the property or a designated employee had a responsibility to report and fix any hazardous conditions, but they decided not to do so. Then, you will need to prove that their negligence caused you harm and financial losses.
How Can a New Jersey Personal Injury Attorney Help You?
The outcome or failure of your claim may depend entirely on your ability to speak with an experienced personal injury lawyer regarding your rights and responsibilities. A qualified attorney can provide advice and help you acquire the proof needed to support your premises liability claim to ensure you get maximum compensation.
