If you trip and fall or slip and fall and are injured you may have a legal claim against the owner of the property. In general property owners are responsible for the condition of their property. If they become aware of a defective or unsafe condition, the property owner is obligated to repair the condition. For example, if the stairway has a loose banister, it should be repaired or replaced. Likewise, if there is a leak that could cause someone to slip and fall, it must be repaired. Property owners have a legal duty to routinely inspect their property and make necessary repairs. If there is a defect that the owner should have known about but didn’t, the property owner may still be held liable. That concept is called constructive notice.
There are some situations when it may be difficult to determine who owns the property in question. If you are injured in a store, you should immediately inform the store management of your injury and the unsafe conditions that caused the accident. If you are able to, you should always try and document the incident. If you are able, take pictures of the conditions that caused the accident and talk to any witnesses that saw your injury occur. This is critical to your case because the burden of proof is on the injured party. It is also vital to be aware that New Jersey has what is known as Title 59. Title 59, also known as the New Jersey Tort Claims Act, requires you to file a Tort Claim Notice when you wish to bring a lawsuit against a public entity for a personal injury. When filing a claim against a municipality, time is limited and you should act quickly. If you have been injured on someone else’s property in New Jersey, contact the experienced personal injury attorneys at Cohn, Lifland, Pearlman, Herrmann, and Knopf, LLP.