New Jersey Premises Liability Lawyer

Succasunna attorney dedicated to securing fair payment for injury victims

Property owners and businesses are expected to address dangerous conditions that could foreseeably harm visitors. When they fail to take reasonable precautions, an injured person may have grounds for a premises liability claim. At Kevin T. Kutyla, Esq, I have more than 30 years of experience holding negligent property owners and managers accountable in personal injury and wrongful deaths in Sussex and Morris counties, along with other parts of New Jersey.

What types of accidents can trigger premises liability claims in New Jersey?

Premises liability claims arise when someone is hurt due to unsafe conditions on property owned, occupied or controlled by another person or business. These incidents frequently occur in stores, restaurants, apartment buildings, private homes, parking lots, offices and recreational facilities. Specific examples include the following:

• Slip and falls caused by spilled liquids, wet flooring, snow or ice
• Tripping caused by broken pavement or uneven flooring
• Falls involving uneven stairs or broken railings
• Assaults and falls stemming from inadequate lighting in stairwells or parking areas
• Falling merchandise or unsecured objects
• Swimming pool accidents
• Dog attacks
• Fires, electrical hazards and exposure to toxic substances
• Assaults associated with inadequate security

Not every injury that occurs on another person’s property results from negligence. As a personal injury attorney with over 30 years of experience protecting injury victims, you can count on me for a clear, honest assessment of whether you are entitled to compensation.

What are the most common types of injuries sustained in premises liability accidents?

Falls are among the most frequent sources of premises-related injuries. They can cause sprains, fractures, torn ligaments, spinal injuries and traumatic brain injuries. Cuts, burns, crush injuries, nerve damage and drowning or near-drowning injuries may also occur.

Older adults face particularly serious consequences from falls. The Centers for Disease Control and Prevention reports that falls among older Americans account for approximately 3 million emergency department visits and about 1 million hospitalizations each year.

An injury that initially seems minor may produce lasting pain or limited mobility. Prompt medical attention protects your health and creates documentation connecting the property conditions to the harm you suffered.

How can a plaintiff prove a property owner was responsible for their injuries?

To be successful, a claim generally requires proof that a dangerous condition existed, the responsible party either had actual or constructive knowledge of it and still failed to take reasonable steps to ensure your safety, which ultimately led to your injuries. Various types of evidence might be useful in proving your claim, such as:

• Photographs and surveillance video
• Incident reports and witness statements
• Maintenance and inspection records
• Prior complaints involving the same condition
• Medical records documenting your injuries

The duty owed to you by the property holder may largely depend on whether you were invited onto the premises in the manner of a store customer or restaurant patron. Homeowners usually owe a lesser duty of care to social guests, and trespassers might not be able to collect damages at all.

What should you do if you were hurt at a friend or family member’s property?

It is natural to hesitate before filing a claim against a friend or family member. However, compensation may be available through a homeowner’s or renter’s insurance policy rather than directly from your friend or relative’s pocket.

When serious injuries occur because of an unsafe swimming pool, a broken porch railing, an unsecured fire pit or something else, obtain medical care immediately. If possible, photograph the scene, take note of witnesses and report the accident promptly to the property owner. However, do not give recorded statements to their insurer or discuss your claim until you retain a qualified attorney to safeguard your interests.

Are people injured while trespassing able to file premises liability claims in New Jersey?

Trespassers hurt on someone else’s property receive substantially less protection than invited visitors. A property owner generally does not have the same duty to inspect the premises or make them safe for someone who enters without permission. However, owners cannot intentionally cause a trespasser’s injury, however, such as by setting “traps” for the unwary. There are also exceptions that apply when a property owner knows trespassers regularly enter an area or has an “attractive nuisance” that particularly appeals to children.

Schedule a consultation about your New Jersey premises liability case

Kevin T. Kutyla, Esq. represents slip-and-fall victims, as well as plaintiffs in other types of premises liability actions, from offices in Succasunna, Newton and Vernon. Please call 973-940-8970 or contact me online to make an appointment.