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Date: 01-04-2024
Case Style:
Case Number: 2:23-cv-02516
Judge: Evelyn Padin
Court: United States District Court for the District of New Jersey (Essex County)
Plaintiff's Attorney:
Defendant's Attorney: Newark, New Jersey insurance defense lawyers represented the Defendant.
Description: Newark, New Jersey personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.
This case was filed in the Superior Court of New Jersey Hudson County, HUD-L-3012 22, and was removed to federal court by the Defendant.
"Similar to other states, New Jersey premises liability law outlines the legal responsibilities of property owners and occupants to maintain their premises in a reasonably safe condition and prevent foreseeable injuries to visitors. The specific duty of care owed depends on the visitor's classification:
Invitees: Individuals explicitly or implicitly invited onto the property for the owner's benefit, like customers in a store. They receive the highest duty of care, requiring the owner to actively inspect the premises for hazards and promptly address them.
Image of customer slipping and falling in a store Opens in a new window
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customer slipping and falling in a store
Licensees: Individuals with the owner's permission to enter but not for the owner's benefit, like social guests. The owner owes them a general duty of care, involving warnings about known dangers on the property.
Trespassers: Generally, property owners owe no duty to warn trespassers of dangers unless they're children or the hazard was intentionally created.
To establish a premises liability claim in New Jersey, the injured individual must demonstrate:
Breach of duty: The owner failed to uphold their duty of care, meaning they either created the hazard, knew about it but didn't fix it, or should've known about it but neglected to inspect the property.
Proximate cause: The owner's breach directly caused the injury. The injury wouldn't have occurred without the owner's negligence.
Damages: The injured individual suffered damages due to the accident, such as medical expenses, lost wages, or pain and suffering.
Some common premises liability cases in New Jersey include:
Slip and fall accidents on wet floors or icy sidewalks
Injuries caused by falling objects, like defective ceiling tiles or collapsing shelves
Inadequate security leading to assaults or robberies
Swimming pool accidents
Dog bites
If you've been injured on someone else's property in New Jersey, consulting a qualified premises liability attorney is recommended to discuss your legal options."
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Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: