What is premises liability insurance? Premises liability refers to the property owner’s liability should someone be injured while on their property. Many business owners attain premises liability insurance to cover third-party injuries and damages should someone file a claim against their property.
What Is Premises Liability?
Business or property owners have a legal responsibility should you injure yourself while on their property. Premises liability refers to this responsibility and holds the property owner liable should you slip and fall or encounter dangerous conditions while on their property.
New York and New Jersey business owners are responsible for ensuring that their property is safe for customers and visitors to enter. Similarly, property owners are responsible for compensating those injured on their premises due to unsafe materials or temporary hazards.
Elements of Premises Liability Cases
Those filing a premises liability case must prove the following:
- You were lawfully on the property when injured.
- The property owner was aware of your presence on their property, even if you were there illegally.
- The property owner was aware of a particular property hazard and failed to do anything about it.
- The property owner’s negligence caused you severe harm or injury.
What Does Premises Liability Insurance Cover?
What is premises liability insurance, and what does it cover? Premises liability insurance covers the costs of third-party injuries that occur at a business and related damages. Although it is similar to general liability insurance, there are a few key differences.
The primary difference between premises liability insurance and general liability insurance is advertising injury coverage. Advertising injury is financial protection that covers a business owner if someone sues them or the business for copyright infringement, slander, or libel over a piece of published information.
General liability insurance provides the same financial protection as premises liability insurance plus advertising injury. Business owners must be aware of the difference and ensure that they attain the proper insurance.
Who Needs Premises Liability Insurance?
Business owners should look for premises liability insurance as soon as they purchase or rent a property. The premises liability law requires all business owners to ensure that their property is safe and hazard-free for customers and clients.
Having premises liability insurance is essential as anyone can fall or injure themselves on your property. Even if the business owner is not at fault, they could still be held liable for settlement costs or other legal actions.
Types of Premises Liability Accidents in New Jersey
Slip and fall accidents are the most common injuries that occur in premises liability cases in New York and New Jersey. However, several other potential hazards can lead to personal injury, including:
- Concealed extension cords
- Elevator accidents
- Escalator incidents
- Broken or damaged flooring
- Lack of security that results in assault or injury
- Ice or snow on or around the business’s exterior
- Dog bite attacks
- Fire or explosions
- Poisoning from lead paint
- Swimming pool accidents that result in injury or death
- Amusement park ride accidents
- Car accidents involved pedestrians in the parking lot
- Bike accidents
Whatever the case may be, it is crucial to find a personal injury lawyer after an incident. Your attorney will help you gather and file the necessary claims paperwork while holding the negligent party responsible. In some cases, you may be able to pursue damages.
Duty of Care and Premises Liability Claims
New York and New Jersey business owners are responsible for ensuring that their properties are safe for guests and customers. The “duty of care” doctrine states that businesses and owners are legally responsible for acting in their customers’ best interests, acting competently, not causing harm, and not taking on any unsafe tasks.
Business owners must also adhere to similar concepts known as “ordinary care” and “standard of care.”
Ordinary care refers to the prevailing business standards in a specific area. On the other hand, standard of care requires business and property owners to avoid causing injuries to those who enter the property.
Those who fail to adhere to these concepts will be responsible for the injured party’s medical bills and various other costs in a lawsuit.
If you sue someone for failing to follow the “duty of care” doctrine adequately, a court may require you to prove the following:
- The business owner failed to maintain their property properly.
- The owner was aware of the dangerous conditions of their property.
- The owner did not provide sufficient warning about the hazardous conditions.
Attractive Nuisance and Property Trespassers
In most cases, if you enter a property illegally and injure yourself, you will likely not have grounds for a lawsuit. However, there are various exceptions to keep in mind.
One of the exceptions involves an attractive nuisance. The attractive nuisance doctrine applies to children who trespass. Essentially, an attractive nuisance is something that the owner has on their property that attracts a child and could increase trespassing risk.
For example, common attractive nuisances are swimming pools, trampolines, large equipment, or dangerous animals. Should a child trespass onto a property and injure themselves, the property owner could still be held liable.
Another exception is if the owner knows who the trespasser is and chooses not to report them. In this case, if you injure yourself on the property, the property owner could still be liable.
Injury When Invited onto the Property
If you suffer injuries due to an incident that occurred while visiting someone’s property legally, follow these steps:
- Notify the business or property owner of the incident as soon as possible
- Seek medical attention immediately
- Collect necessary documentation for claims, including medical records
- Hire a personal injury attorney to assist you throughout your case
Potential Damages in a Premises Liability Case
Premises liability lawsuits can often be complicated and lengthy. By having a personal injury attorney by your side, you can better navigate New York or New Jersey’s legal system and understand your rights.
When it comes to personal injury cases, there are various damages you could potentially pursue, including:
- Medical expenses that arise as a result of the accident and related injuries
- Emotional distress
- Pain and suffering
- Inability to work due to injury
- Lost wages that result from the accident
Your personal injury attorney will work with you to pursue various damages and aid you in your recovery process. More importantly, they will fight for your compensation from the insurance company while holding the negligent party liable for your injuries.
Time Limit for Premises Liability
If you or a loved one suffer from injury or death due to someone else’s negligence, you have only two years to file a suit in New Jersey or three years in New York. Unfortunately, this strict timeline means that the court will likely reject your case if it is beyond that timeframe from the date of the accident.
To file your suit within the allotted timeline, it is crucial that you hire a personal injury attorney. Lawsuits require a significant amount of time and paperwork—having an attorney to help you will help your case progress more smoothly.
Examples of Premises Liability Cases
Personal injury victims can file premises liability suits for various reasons. For example, if someone hires you to paint their building and the ceiling falls and injures you, they could be liable for your injuries.
Additionally, if you attend a social event at a recently fumigated office building and inhale harmful toxins, it could cause significant health problems. If you end up going to the hospital, you could hold the property owner liable in a premises liability case.
Hiring a personal injury lawyer can help you determine whether you can pursue a premises liability case.
Personal Injury Lawyer Who Fights for Your Compensation
Personal injury cases are often long and complicated endeavors. The insurance paperwork alone can give you a headache. Instead of taking it on alone, let a personal injury attorney help.
Sadaka Law understands the unique frustration and confusion of personal injury cases. Our goal is to help you recover by giving you professional legal advice and assistance throughout your case.
Our personal injury attorneys will help you every step of the way, from the initial claims paperwork to pursuing damages. We fight to get you compensation from the insurance company while holding the responsible party liable.
We know you have several questions regarding your case and lawsuit, so we take the time to learn about your legal objectives and explain your rights as a New York or New Jersey resident. It is imperative to reach out to an attorney as soon as possible to start the claims process and avoid going beyond your state’s time limit to file a claim.
Contact a Personal Injury Attorney Today
What is premises liability insurance, and how does it apply to personal injury victims? The Law Offices of Sadaka Associates will work hard to answer all of your questions and help you file a premises liability claim.
Our attorneys are passionate about helping fellow New York and New Jersey residents fight for their compensation and holding negligent parties liable. Call Sadaka Law at (800) 810-3457 to speak with a personal injury lawyer.
