Premises liability law in New Jersey holds property owners accountable for injuries caused by unsafe or hazardous conditions on their property. Whether it’s a retail store in Burlington, a residential building in Mount Laurel, or a public space like the Burlington County Library, property owners are required to maintain a safe environment for visitors. Failure to do so can result in serious injuries, ranging from slips and falls to more severe accidents. If you or a loved one has been injured due to dangerous conditions on someone else’s property, understanding your legal rights is essential.
Premises liability claims frequently arise in Burlington County, particularly in commercial areas like grocery stores, apartment complexes, and hotels. Navigating these claims can be challenging, which is why having a skilled attorney who thoroughly understands New Jersey premises liability law is so important. At Petrillo & Goldberg, we have represented injury victims in South Jersey for over 25 years. Our dedicated team has secured millions in compensation for clients, and we are committed to fighting for the justice and financial recovery you deserve, helping you move forward after an unexpected injury.
What Is Premises Liability?
Premises liability refers to the legal responsibility that property owners and occupiers have to ensure their property is reasonably safe for visitors. Under New Jersey law, property owners must take steps to fix hazards or at least warn visitors of known dangers. If they fail to do so and someone is injured, the property owner can be held liable for the victim’s injuries.
Premises liability cases often arise from:
- Slip and fall accidents,
- Inadequate maintenance,
- Poor lighting in walkways,
- Defective staircases or handrails, and
- Dangerous or uneven flooring.
Several factors must be proven to succeed in a premises liability case in New Jersey. You must show that the property owner knew or should have known about the dangerous condition and failed to take appropriate action to fix it or provide adequate warning.
Most recent NJ data shows that In 2021, falls were the leading cause of unintentional injury deaths among individuals aged 60 and older in New Jersey, surpassing fatalities from motor vehicle accidents by more than three times. Every five minutes, an older adult in this age group is treated in a New Jersey emergency room due to a fall. A significant 84% of fall-related hospital admissions involved individuals aged 60 or older, with nearly 47% of those cases being patients aged 80 and above. The financial impact is staggering, with the average cost for an inpatient stay for a non-fatal fall reaching $113,406 in 2022. Overall, the total cost of hospital-treated falls for adults 60 and older in New Jersey amounted to over $3.2 billion in that same year.
Retail Premises: Slip and Fall in a Grocery Store Parking Lot
Retail stores, particularly grocery stores are common locations for slip and fall accidents. Parking lots can become hazardous due to weather conditions, spilled substances, or poor maintenance, leading to dangerous falls. If you slip and fall in a parking lot, the store owner may be responsible if they fail to address the hazard in a reasonable amount of time.
For example, if a shopper at Wegmans near Moorestown slips on ice that wasn’t adequately salted or cleared in a parking lot, the property owner could be liable for the injuries sustained. The key issue is whether the owner or management took reasonable steps to maintain the parking lot. In New Jersey, property owners are expected to regularly inspect and maintain their premises to ensure safety.
According to the National Safety Council (NSC), falls are a leading cause of non-fatal injuries in retail settings across the country. Proper maintenance of parking lots and walkways is essential to reducing the risk of accidents. These injuries can lead to costly medical bills, lost wages, and long-term rehabilitation, making it critical to seek legal representation.
Understanding Third-Party Liability Claims Under New Jersey Law
In New Jersey, third-party liability claims come into play when someone other than the employer is held responsible for an injury; for delivery drivers like those working for DoorDash or UberEats, a premises liability claim may be filed if the injury occurred due to unsafe property conditions, such as a slippery walkway or broken stairs. Unlike workers’ compensation claims, which are filed against an employer, third-party claims hold property owners accountable for hazards on their premises.
To establish liability in these cases, the delivery driver must prove that the property owner was negligent. This involves showing that the property owner knew, or should have known, about the hazardous condition and failed to take reasonable action to fix it or warn visitors. New Jersey law requires property owners to maintain safe conditions for everyone legally on the property, including third-party workers.
A crucial part of proving negligence in third-party claims is gathering evidence. This can include photos of the scene, maintenance records, and witness statements. Recent data from the Occupational Safety and Health Administration (OSHA) shows that slip and fall accidents are among the leading causes of workplace injuries, accounting for approximately 15% of all reported incidents in 2021. Delivery drivers are particularly at risk due to the nature of their work, making it vital to pursue legal action when these injuries occur. An experienced premises liability attorney can help ensure that third-party workers receive the compensation they are entitled to for medical expenses, lost wages, and other damages.
Nursing Homes: Responsibility for Slip and Fall Accidents
Slip-and-fall accidents in nursing homes can be particularly devastating, leading to severe injuries for both workers and visitors. Nursing homes are responsible for maintaining a safe environment for everyone on their property, including visitors and employees. They may be held accountable when these facilities fail to maintain safe conditions.
For instance, if a visitor or staff member slips and falls due to a poorly marked or cleaned wet floor, the nursing home could be liable for any resulting injuries. In Burlington County, nursing homes have been cited for failing to provide adequate maintenance, leading to several premises liability claims.
Nursing home workers are also at risk, frequently moving between patient rooms and common areas. If a worker is injured while on the job, they may have a workers’ compensation claim, but in some instances, a premises liability claim may also be appropriate if the injury was due to the facility’s negligence.
Slip and fall accidents in nursing homes are not only common but also severe, with many leading to long-term complications for older adults or staff members. According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of injury-related deaths among adults aged 65 and older, with nursing homes accounting for approximately 20% of these incidents.
In New Jersey, a 2022 report found that about 1 in 4 nursing home residents experience a fall each year, with many of these incidents resulting in serious injuries such as fractures or head trauma. For staff, the Occupational Safety and Health Administration (OSHA) reports that nursing home employees face a 60% higher risk of slipping, tripping, or falling compared to other industries. These statistics highlight the critical need for proper maintenance and safety protocols within nursing homes, and when these standards are not met, both visitors and staff may have strong premises liability claims.
Leisure and Hospitality: Hotel and Airbnb Premises Liability
Guests expect a safe environment when staying at a hotel like the DoubleTree in Mount Laurel or renting an Airbnb in Medford. However, accidents can happen; when they do, the property owner or manager may be responsible. Whether a slip-and-fall in a hotel lobby or a broken step at an Airbnb, guests injured due to unsafe conditions can file a premises liability claim.
Hotels and short-term rental properties must maintain their premises to a reasonable standard. If a guest is injured because the property was not properly maintained, the owner or management company can be held liable. Common hazards in these cases include wet floors, poor lighting, or dangerous walkways.
In New Jersey, the tourism and hospitality industry is responsible for maintaining safe accommodations for millions of visitors each year. Premises liability claims in this sector can range from minor slip and fall accidents to more severe injuries that require long-term medical care.
Types of Damages in Premises Liability Cases Under New Jersey Law
If you have been injured on someone else’s property due to unsafe conditions, you may be entitled to compensation for various types of damages under New Jersey law. Premises liability claims often cover several types of damages, including:
- Medical expenses. This includes all costs associated with treating the injury, such as hospital bills, rehabilitation, medication, and future medical care if the injury requires ongoing treatment.
- Lost wages. If the injury caused you to miss work, you can seek compensation for lost wages. This can include both past and future earnings if your ability to work has been affected in the long term.
- Pain and suffering. New Jersey law allows for compensation for physical pain, emotional distress, and the overall impact the injury has had on your quality of life.
- Property damage. If personal property, such as clothing or electronics, was damaged during the accident, you may be able to recover the costs of repair or replacement.
To successfully recover damages, it is essential to establish that the property owner’s negligence directly caused your injuries. Working with an experienced premises liability attorney ensures that all types of damages are fully accounted for, maximizing the compensation you receive.
Why You Need a Burlington County Premises Liability Attorney
Premises liability cases can be complex, often involving multiple parties and detailed legal requirements. Whether you were injured in a retail store, nursing home, or rental property, having a dedicated premises liability attorney can make all the difference in securing the compensation you deserve.
At Petrillo & Goldberg, our team of experienced personal injury attorneys has been fighting for the rights of Burlington County residents for over 25 years. We have successfully recovered over $120 million for our clients, helping them cover medical bills, lost wages, and pain and suffering. Our firm’s commitment to aggressive and compassionate representation means that we will fight for you every step of the way.
If you’ve been injured on someone else’s property, don’t wait to seek legal help. Contact Petrillo & Goldberg today for a free consultation, and let our team help you get the compensation you deserve. You can reach us by calling 856-486-4343. You can also connect with one of our lawyers by completing our secure online contact form.
