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Who is responsible for your premises liability claim?

Have you been hurt on someone's premises in New Jersey? If so, you might be wondering if they can be held liable for your injuries. In some cases, they can be held liable and you can seek compensation. You expect that you're not going to get hurt when you enter a store, and the owner owes you that courtesy.

A property owner must maintain a relatively safe environment for customers. For instance, if it's been icy outside, the property owner should have salted the stairs to make them safe. If you slip while entering the building and hurt yourself, then they may be liable for those injuries. On the other hand, if you were drunk at the time or were acting improperly when you fell, they may not be held responsible for your injuries.

Several things will be considered when you seek a premises liability claim. First, why were you at the property and what were the circumstances around the visit? Second, what is the property used for? Third, was the accident foreseeable based on the conditions outside or based on the conditions in the business? Lastly, did the owner try to warn visitors of potential dangers or attempt to repair the dangerous area?

Even in cases of trespassing, the owners may need to have put up signs or notices to give reasonable warnings about the dangers in the area. This is required to prevent injuries, despite the fact that the person shouldn't be entering without permission. This is only required when the owner knows that it's possible for trespassers to come into the property.

Source: FindLaw, "Premises Liability: Who Is Responsible?" Oct. 01, 2014

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