Are Property Owners Always Liable for Injury and Damages?
If you are suddenly injured on someone else’s property your first thought may not be “who is responsible for this,” but instead your own safety and well-being. However, it might not be that much longer after the unfortunate event has occurred that you start to ask yourself just who should be held liable for any injury or damages that have been suffered? It may seem clear that the owner of the property is the one to blame in most situations, but when it comes to legal recourse there is more to this situation than most people realize
Renters vs. Owners: How the Differences Can Affect You
Property or “premises” owners can be liable for the repercussions of accidents which occur on their property; however, you also need to be aware that the liability for those who can be deemed at fault is not only limited to the owner or owners. For example, the owner of the property may be leasing the property to another entity, such as a building owner leasing space to a store or a restaurant. While the owner has duties to make the premises reasonably safe, the tenant may owe similar duties to individuals who come on the premises. Additionally, the lease between the owner and the tenant may allocate the duties between the owner and the tenant.
Further, the owner or tenant may have retained third-parties, such as companies that provide snow/ice removal, landscaping, maintenance, janitorial, and other services which may have contributed to the incident. While the owner has duties to make the premises reasonably safe, the contract between these companies and the owner or tenant may have allocated specific duties between them.
Similarly, if you are injured in an apartment building, generally, the owner is responsible for the common areas, while the tenants are responsible for their individual units.
While the landlord’s insurance generally covers the property owners, it would not necessarily cover tenants. This is why a renter of any type should obtain their own renter’s insurance policy to guard themselves against an outcome like this.
When More Than One Person Could Be Held Liable
It is also beneficial to know that there are many times where more than one person or entity can be liable for an injury that occurs on a property. An example of this would be if a child was playing on a swing on a playground and was injured using that equipment. The owner of the playground could be liable for not inspecting the safety of the slide but in addition, the company who made the slide could be liable as well if they did not place the proper warnings on the equipment or if the swing was not designed correctly. Not only that, there are different rules and laws for actions that happen on commercial property, residential property, and government property which makes figuring out exactly who and how many people are liable for an accident even more confusing. Finally, on the same property, different entities may be responsible for the inside of the building, the outside of the building, the parking lot, and the sidewalk.
Contact New Jersey Premises Liability Attorneys
This is why if you or a loved one have been injured on someone else’s property you need a knowledgeable attorney from Bramnick Law to get you the compensation you deserve. Contact Bramnick Law at 877-423-4878 to schedule your initial case evaluation today.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.