What a plaintiff must prove in a premises liability claim
When you rent or visit a property, the property owner has a duty to make sure his or her area is safe and suitable for use. This means keeping it safe and free from obstacles and hazards that could cause you and others unnecessary harm or injury. In the event that your landlord, a store or business owner or someone else fails to do this, you may have grounds to file a premises liability claim against the property owner.
To make a successful premises liability claim in New Jersey, you must show that four things occurred.
Making a successful premises liability case
The first thing you must prove in a premise’s liability case is that the property owner had a reasonable responsibility to keep the property safe and free from hazards. Then, you have to show how the owner failed to meet this duty of care.
After that, you have to show how it was the owner’s failure to act that caused your injuries on the property. Finally, you must be able to show that, because the owner acted, or failed to act, in a certain manner, you suffered an injury that otherwise would not have happened.
Proving your case
Your chances of winning a premises liability case improve when you have evidence to back up your claims. When you slip and fall on someone else’s property, it helps to have photos of the damage or condition that caused your fall. Maintain medical records, too, when you seek care following your fall. If any witnesses were present during the incident, make sure to get their contact information. You may need to call on them during your case.