Nationwide, there are approximately 52,000 self-storage facilities in 2024. Unfortunately, many of those are elsewhere, as New Jersey only has 588 facilities statewide. Those 588 facilities offer approximately 32,621,181 square feet of space for storage—which is also a lot of space for accidents and injuries to occur.
One important question is: how can you find a safe facility? What steps can you take to ensure your own safety at these facilities? From a legal perspective, what happens if you are injured at a self-storage facility in New Jersey? Can you sue the facility or another tenant?
If you have already been injured at a self-storage facility in New Jersey, an attorney at Cohen & Riechelson is fully equipped to review your case, determine if liability exists, and assist you in filing a claim for full compensation for your injuries. Contact us at (609) 528-2596 for a free consultation today.
Common Causes of Injuries in Self Storage Facilities
Individuals can be injured in many ways at any location at any time. At public self-storage facilities, four of the most common causes of accidents and injuries are slips and falls, falling objects, security-related issues, and other hazards.
Understanding Slip and Fall Accidents in Public Self-Storage Facilities
Slip and fall accidents occur when an individual slips or trips and falls. There are two types of slips and falls: same level and elevated level. Same level occurs when someone slips and falls on a wet or slippery floor or trips on a sidewalk. Elevated level occurs when someone slips and falls from one level to another, such as falling off a loading dock or down a flight of stairs.
Slips and falls can occur because the floor is wet or slippery due to rain, snow, spills, recent mopping or polishing, or other reasons. Slip and fall accidents can also occur due to uneven surfaces or inadequate lighting. Poorly maintained or slippery stairs can also lead to a slip and fall accident.
Falling Objects: A Significant Risk in Public Self-Storage
Another cause of self-storage facility injuries is falling objects. As these facilities are self-storage, they rely on the tenants to move their possessions in and out of the units and to organize and stack those items within the unit. This can lead to overloaded storage units because the individual underestimated how much space they would need for the amount of items they plan to store. It can also lead to improperly stacked items as most people are not experienced at moving, stacking, and storing boxes and other items. Both overloaded units and improperly stacked items can cause items to fall merely by someone brushing against them, bumping them, or attempting to move another nearby item.
Some storage units come equipped with shelves or racks on which to place items. These racks and shelves should be maintained by the facility, but while in use by a tenant, they may not be. If the facility does not inspect the unit before renting it to the next tenant, these shelves or racks may be loose, missing screws or other essential parts, and could result in falling objects.
Security Concerns and the Risk of Injury in Public Storage
Security is a prominent concern at public self-storage facilities. Individuals want to know their possessions are safe from theft and they also want to know that they are safe physically as well. Inadequate security measures, poorly lit areas, and lack of surveillance can all lead to injuries. Poorly lit areas can lead to the usual slip and fall or other accidents, but they also provide a place for criminals to act. A tenant can be injured if they come across someone trying to break into a storage unit. Just as they watch homes or businesses before breaking in, a thief will take time to check out a self-storage facility and choose one that does not have cameras, on-site security, or other security measures that would make it more difficult for them to get away with their crimes.
Hazards of Faulty Equipment in Self-Storage Premises
Other hazards can lead to injury. For example, faulty equipment, such as elevators that stop before they are level with the floor or doors that have sharp edges or don’t open or close properly, may cause injuries.
Injuries Caused by Self-Storage Infestations
Rodent or pest infestations can lead to bites. They can also cause structural damage, including chewing through walls, floors, and electrical wires, causing electrocution hazards and elevated level slips and falls. Contact with their droppings, saliva, urine, or nesting materials can cause hantavirus, Lyme disease, salmonella, or West Nile virus.
Effects of Mold Exposure in Self Storage Facilities
Mold or mildew from improper climate control, leaks, or other problems can lead to asthma attacks, allergic reactions, and skin rashes or irritations. While these may seem like minor problems, they can become quite significant with continued exposure or if the individual has severe asthma or allergies.
The Spectrum of Injuries in Public Self-Storage Facilities
All of these hazards can lead to minor or severe injuries. Individuals may suffer bruises, lacerations, sprains, strains, broken bones, head trauma, skeletal and muscular trauma. Depending on the cause, these injuries can lead to temporary or permanent disabilities. Additionally, individuals may suffer multiple injuries as a result of one accident.
Exploring Multiple Sources of Liability in NJ Self-Storage Injury Cases
Initially, it may seem obvious that the owner of the public self-storage facility is liable for any injuries that occur on their premises. However, liability is not that cut and dried. There may be other parties responsible and in some cases, multiple parties may even be responsible.
The Self Storage Facility Owner’s Duty of Care
The property owner has a legal obligation to maintain safe premises. For the sake of customers, employees, contractors, and vendors who may come on the property, the property owner must ensure that there are no hazards and when a hazard is discovered, that it is repaired as quickly as reasonably possible. In many cases, the ultimate liability will lie with the property owner because they own the property and are therefore responsible for its care and maintenance. However, there are times when responsibility may lie with someone else, either partially or fully.
The Role of Self Storage Facility Operators
Many public self-storage facility owners do not operate the facility themselves. They hire a property manager or other operator to run the facility for them. This person may live on-site and be available around the clock or they may live off-site and be available during specific hours. In either case, one of the operator’s responsibilities is to inspect the premises, take note of and correct any hazards they find. If they find a hazard they are unable to correct on their own, they should report it to the property owner or call a contractor to correct it. The operator should also take reports of hazards reported by tenants and ensure they are corrected. If the operator is not inspecting, taking reports, and correcting hazards properly, they may be liable for injuries others sustain on the premises.
Third-Party Liability for Self-Storage Accidents
In addition to property owners and storage facility operators, third parties may be liable for injuries sustained at a public self-storage facility. Contractors, vendors, and even other tenants may be responsible for someone’s injuries. If they have left items in unsafe positions or locations, or otherwise created a hazard that they did not warn others about, they can be liable for injuries that result. If a contractor or vendor was hired to repair an existing hazard and failed to complete the repair properly and someone is injured, the contractor or vendor can be held liable.
Addressing Liability with Multiple Responsible Parties
In some cases, there may not be a single responsible party, but multiple responsible parties. For example, if a property owner hired a contractor to repair a hazard and the hazard is not properly repaired, both the property owner and the contractor may be liable. Because it can be difficult to determine who is liable, or to apportion liability when multiple parties are responsible, individuals who have been injured at a self-storage facility should always consult with a knowledgeable personal injury lawyer to explore the legal options they may have. Our attorneys are available to review your specific case and discuss the legal avenues that may be available to you.
Legal Rights and Remedies for Injured Victims at Self Storage Facilities in NJ
There are two ways that injured victims can pursue a remedy for their claim: premises liability law and negligence. The two are very similar, but not precisely the same. Understanding the difference between them is crucial to knowing what kind of claim can be pursued.
Suing Property Owners for Self-Storage Accident Injuries
Property owners have a legal obligation to ensure their property is safe for visitors and if a hazard occurs, for repairing it. If they do not, they can be held liable. To be held liable, the injured party must prove that the property owner owed them a duty of care, that the duty of care was breached, and that the owner failed to maintain the property safely. They must also be able to show that the breached duty and failure to maintain the property directly caused their injuries and that there are actual damages resulting from those injuries, such as medical bills.
Negligence Claims for Self Storage Facility Injuries
Negligence is similar to premises liability, except that the injured person does not have to prove the property owner failed to maintain the property and they have to show that the breach of the duty of care was the proximate cause of the injury and there were damages resulting from the injuries. Proximate cause means that it is closely related, but not necessarily the direct cause of the injuries. A chain reaction is an example of a proximate cause. For example, if one person slips and falls in a puddle and breaks their ankle, and another person trips over the first person and breaks their wrist, both parties may have a claim against the property owner. But the first person would be able to say that their injury was directly caused by the puddle, while the puddle would be the proximate cause for the second person. If the first individual had not slipped in the puddle, the second would not have tripped over them and gotten injured, making the puddle closely related but not directly responsible for the second person’s injuries.
What Damages can be Obtained for Self Storage Accident Injuries?
When injured in a self-storage facility, an individual can seek two types of damages: economic and non-economic. While both result in financial compensation, the two are different in terms of what the individual can be compensated for and what is required to prove their damages.
Economic Damages in Self-Storage Injury Claims
Economic damages are the easily proven, tangible damages that an individual suffers as a result of their injuries. These damages have a clearly defined value and can include lost wages, medical treatments, prescription costs, medical devices, and lost earning capacity if the individual cannot return to work at all or must change positions because they can no longer do the same work. These damages require evidence, such as pay stubs, bills or receipts, and medical reports (as evidence of not being able to return to their previous position). If the claim is successful, individuals usually receive the full value of their economic damages.
Non-economic Damages
Non-economic damages are those that do not have a clearly defined value and do not necessarily have evidence. Mental anguish, pain and suffering, and loss of enjoyment of life and companionship are non-economic damages. Expert witnesses such as therapists, psychiatrists, or psychologists may testify about the injured party’s mental health. Amounts awarded as non-economic damages are not based on money spent but instead are based on what a judge or jury thinks is an appropriate amount based on the injured party’s suffering. New Jersey does not place a maximum amount on these damages, which means the judge or jury can award any amount they deem fair.
Steps to Follow After an Accident at a Public Storage Facility
After an individual has been injured at a public self-storage facility, there are some immediate steps they should take. If they are severely injured, they should call 9-1-1. Once they have sought medical treatment, they should report the accident and their injuries to the self-storage facility manager or owner. Reporting can also be done before seeking treatment if the injuries are minor.
The injured party should request the storage facility’s insurance information so they can file a claim, if the facility does not handle that themselves. In some cases, the facility may have included clauses in their rental agreement that attempt to limit or absolve them of liability. If this is the case, individuals should seek legal counsel from an experienced lawyer regarding their rights.
If the facility is uncooperative, an attorney may be able to speak with the facility manager or owner and encourage their cooperation. If the facility continues to refuse to cooperate, an attorney can also assist the injured person with filing a lawsuit.
Strategies to Stay Safe and Prevent Injuries in Self-Storage Units
While it may not be possible to completely prevent an injury from happening, there are several things that people can do to reduce the chances of being injured.
1. Considering When a Newer Self-Storage Facility Is the Best Option
Newer buildings often have fewer hazards because they are newer. As buildings age, they tend to begin to fall into disrepair. While property owners are obligated to maintain the property, this can become more expensive and frequent as the building ages. Older buildings may also have hidden problems that could contribute to an injury. Newer facilities are often designed with the latest safety technology and to meet the most recent building codes and standards, which also contributes to their safety.
2. Spotting Potential Hazards in a Self-Storage Unit
Regardless of the facility’s age, walk around and inspect it before signing a rental agreement. Look for evidence that the property is not properly maintained, such as potholes, exposed electrical wiring, rust, misaligned doors, discolored ceilings or walls, uneven flooring, or loose handrails. Even peeling paint can be an indication that the property is not maintained as well as it should be.
Ask to look inside some of the storage units that are not occupied. Look for evidence of rodents or pests, such as droppings or nests. Look for mold or mildew. If the units have shelves, racks, or other organizational tools, look for rust, missing screws or other parts, and touch them to make sure they aren’t loose. Make sure that there are not any hazards left out, such as ladders leaning against the building, buckets in the middle of a walkway, or anything else that could hurt someone if they did not see it.
3. Assessing Safety Measures at Self-Storage Facilities
Regardless of the neighborhood’s overall safety and security, public self-storage facilities should have security measures in place to protect both visitors to the property and the items being stored in the facility. A classic security measure for self-storage facilities is a gate requiring a unique entry code before the individual can access the facility. Other security measures to ask about or look for include security cameras with constant monitoring, plenty of bright lighting, a tall fence around the perimeter, motion sensors, and on-site security guards. It can also be a good idea to ask about any incidents that have occurred on the property.
4. Using Reviews To Reveal Safety Concerns at Self-Storage Facilities
Another way to ensure the chosen facility is safe is to read reviews online. The past experiences of others who have used the facility can be a good indicator of what to expect. While any facility is likely to have at least a few negative reviews, consider the number of negative reviews compared to positive ones, and carefully read the reasons behind the negative reviews.
5. Accessing Self-Storage Units During Daytime
Even when the facility is brightly lit and has ample security measures in place, it is a good idea to limit use to the daytime hours. The brighter light of the sun makes it much easier to see hazards and individuals do not have to worry about a potential power outage or a light bulb burning out and leaving them in the dark. There is also a reduced risk of criminal activity taking place during the day.
6. Avoiding Self-Storage Moves During Inclement Weather
Whenever possible, avoid moving items in and out of the storage unit during rainy, snowy, or other inclement weather. Wet pavement and floors are more slippery, and carrying boxes, particularly large or heavy ones, increases the chances an individual may slip and fall. Additionally, rain and snow can potentially destroy the integrity of cardboard boxes, causing them to rip or otherwise fall apart. The spilled contents can cause individuals to trip and fall.
7. Reporting Hazards in Self-Storage Facilities
If an individual spots a hazard while they are at the facility, they should report it before they leave. It is easy to assume that the property owner or facility manager is aware of the hazard, but they may not be. By reporting the hazard, the individual accomplishes two things. First, they ensure that the appropriate parties are aware of the hazard so they can repair it. Second, if the property owner or manager fails to repair the hazard, and the reporting individual or someone else is later injured as a result, they will be able to confirm the hazard was reported and the liable party was aware and failed to repair it.
How Public Storage Facilities can Protect their Tenants from Safety Risks
While tenants should be aware of ways to be safe at public storage facilities, property owners are ultimately responsible for the safety and security of all visitors to their facilities. There are specific steps that property owners can take to help ensure everyone’s safety.
Securing Access Points for Customers
Perimeter fences and gated entries requiring a unique entry code, fingerprint, or other biometric to identify each person entering are excellent access control features to promote security. Perimeter fences should be tall to deter unauthorized access. A small, walk-through gate can be installed to allow new customers access during business hours, with a lock to prevent access outside of business hours.
Reinforcement Techniques for Greater Protection
Reinforced walls, doors, and locks can provide additional security. They prevent theft both from the exterior and adjoining units. They can also provide safety, preventing tenants from possible injury if they stumble into a wall or door.
Individual Unit Alarms for Enhanced Safety
Having an alarm on the perimeter fence and the entry gate is a good idea, but owners should consider adding individual unit alarms as well. These alarms typically connect to the gate entry system, disarming an individual’s unit alarm when they enter their gate code. If the unit’s door is opened without that gate code being entered first, the alarm will alert both the tenant and the facility operator. Facilities might also consider installing a call button or other alarm that an individual may be able to activate if they are injured in their unit and require assistance.
Frequent and Comprehensive Inspections
Property owners or facility operators should walk the property once or twice a day and inspect it for hazards. This inspection should look for obvious hazards, such as equipment left in unsafe positions or locations, potholes in pavement, or sharp edges. It should also look for smaller signs of hazards that may not be a problem yet and can potentially be repaired before they become a problem. This might include lifted roof shingles, holes in a metal roof, or small holes in the perimeter fence.
Clear Rules and Enforcement for Self-Storage Employees and Tenants
Property owners should outline and enforce safety rules for both their employees and tenants. These might include rules such as no open-toed shoes can be worn on the premises, using proper equipment such as dollies or forklifts to move heavy objects, or promptly cleaning up spills (or putting up a “Wet Floor” sign until it is cleaned). These safety rules should be included in employee handbooks as well as rental agreements for units. Facility owners may want to put the safety rules on a separate document for tenants that they can easily reference.
Around the Clock Security Personnel for Self-Storage Facilities
If the facility has management that lives on-site or has security guards that patrol the premises, this can be a feature to advertise for both safety and security. Knowing that there is someone on the premises at all times can make potential tenants feel much better about using a facility. They feel more comfortable knowing there is always someone present to notice if someone is trying to break in. It also eases their mind to know that if they are injured on the property, there is someone nearby who may be able to assist them.
Hurt in a New Jersey Self Storage Facility? Know Your Rights and Get Legal Help from our Experienced Attorneys
If you have been injured in a public storage facility in New Jersey, it is highly advisable to speak with an experienced personal injury attorney regarding what happened, your rights, and your legal options. Our personal injury and premises liability lawyers at Cohen & Riechelson can assist with gathering evidence, including taking photos of where the injury occurred. We can also review the rental agreement for any clauses that may limit your ability to file a claim, determine liability, and negotiate or litigate your claim for damages.
If you’ve suffered an injury at a public self-storage facility, contact a skilled self storage accident lawyer at our New Jersey law firm to learn more about the avenues that may be available to you to hold those responsible accountable for your injuries and losses. We assist clients with self-storage injury claims in Princeton, West Windsor, Trenton, Hamilton, Titusville, Burlington County, Mercer County, Middlesex County, and throughout New Jersey. Contact us at (609) 528-2596 for a free consultation.
