Whether Tenants can recover Compensation when injured on a Property in New Jersey Towns
Any time a person is injured on public property or private property, depending on the circumstances of their accident they may be able to recover compensation for their medical expenses, lost income, and emotional and physical pain and suffering through a premises liability claim.
However, if the party injured on private property is a tenant of that property, there is an added layer of proof and complication when it comes to potentially holding the landlord of that property liable for their injuries.
If you, as a tenant, have been injured on your property, be it an apartment complex, a commercial property, or a residential development, here is what you need to know about when and how you may be able to recover compensation for your injuries through a premises liability claim.
Mercer County Premises Liability Attorneys and Premises Liability Claims
In general, premises liability claims are filed when there was some kind of unsafe element on the property which caused the injury of another person. Things like uncleared ice or snow, potholes, insufficient lighting, loose flooring, exposed electrical wires, slippery floors, poor security, and many other elements can all cause injury to any person visiting the property.
However, in order for most premises liability claims to be successful, three key elements need to be proven by the injured party and their Mercer County premises liability attorneys. These three critical elements are:
- The Injured Party Exercised Reasonable Care – If whatever dangerous element of the property in question was readily apparent or marked as being hazardous, a court may find that the injured party should have exercised reasonable caution and avoided the hazard. However, if it can be proven that the hazard was hidden, this is the first step in securing compensation through a premises liability claim.
- The Landlord’s Knowledge of the Hazard – Next, you and your Mercer County premises liability attorney will need to be able to prove that the landlord of the property knew of the hazard, or should have known of the hazard if they were properly performing their duties.
- The Landlord’s Duty to Cure the Hazard – Finally, the courts will also examine whether or not the landlord knew or should have known about the hazard which caused injury on their property, and whether or not they took the steps, or were given a reasonable amount of time to take the steps necessary to curing the hazard.
Beyond these key elements, a successful premises liability claim will also require the injured party and their Mercer County premises liability attorney to show a clear link between the hazardous element of the property and how that element caused the injuries of the plaintiff, and further be able to clearly demonstrate the full extent of those injuries.
Tenants Securing Personal Injury Compensation from a Landlord, New Brunswick Premises Liability Lawyers
While these three elements form the basis of most premises liability claims, if the injured party was a tenant of the property where the injury occurred, and not a visitor, several additional elements of proof become necessary in order for the tenant to recover compensation through a premises liability claim.
This added complication is due to the fact that as a tenant, it is assumed that they would have much more knowledge of the property than a visitor, and may even be partially responsible for its maintenance as a part of their contract with the landlord. This means that in addition to the requirements normally associated with premises liability claims, a court will also examine questions such as:
- Whether or not the tenant knew of the hazard
- Whether or not the tenant notified the landlord about the hazard
- Whether or not the tenant had the ability or the duty to repair the hazard in question
So for example, in the case that the tenant knew about the hazard but never notified the landlord about its existence, they may not be able to recover compensation through a premises liability claim. Or, in the case that the tenant had the ability to repair the hazard but did not do so, the court may reduce the landlord’s responsibility, and via comparative negligence laws, the compensation that the injured tenant ultimately receives.
Contact Our Trenton, Hamilton and Princeton NJ Accident and Injury Attorneys Today
At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have been recovering compensation for accident and injury victims in towns across New Jersey including New Brunswick, Trenton, Lawrence, Hamilton, Princeton, and Mercer County since 1972.
Our firm has carefully earned a reputation for success and effective legal counsel among insurance companies, courts, and communities alike across the states of New Jersey and Pennsylvania, and we are prepared to put our knowledgeable, effective, and compassionate legal service to work for you today.
If you have been injured on public or private property, or even on the property of your landlord, we are ready to help you recover the financial compensation you need and deserve for your injuries and damages. To speak with our attorney team today in a free and confidential consultation regarding your potential premises liability claim and how we can help you, please contact us online, or through our Trenton, NJ office at (609) 528-2596.