Building Code Violations Causing New Jersey Premises Liability Accidents
Some causes of falls are due to building code violations and violations of the BOCA Code. New Jersey has special laws for hotels and multiple dwelling unit apartments. These codes not only set standards for the construction of buildings, they also set standards for the safe maintenance of the property.
At Davis, Saperstein & Salomon, P.C., our New Jersey premises liability lawyers consult with experts who determine whether there was a violation of the various New Jersey standards of maintenance. We employ engineers to conduct an on site inspection of the property where the injury occurred. Their investigation usually involves an interview with the client, a field inspection including measurements and forensic testing, as well as taking or examining accident scene photographs.
Statute of Limitations for Premises Liability Cases in New Jersey
New Jersey places a two-year statute of limitations on premises liability claims, which means you have just two years from the date of the incident to sue. If you wait too long to file, the judge will likely dismiss your case. You will then lose your right to demand compensation in court.
Keep in mind that this time limit is important even if you never intend to file a lawsuit. Having the option to take your case to court will give you considerable leverage during insurance claim negotiations and other settlement talks. A New Jersey premises liability attorney can help you by identifying important dates and keeping your case on track from day one.
Comparative Negligence Laws in New Jersey
When you file a claim against a New Jersey property owner, do not be surprised if the owner attempts to deny responsibility or even deflect it back onto you. They may claim that they were unaware of the hazardous condition, your own behavior contributed to the incident, or the hazard was so obvious you should have known to avoid it without an explicit warning.
If you are assigned a percentage of the overall blame for the incident, New Jersey’s modified comparative negligence doctrine may come into play. Under this law, you can claim compensation if you are partially at fault for an accident — as long as you are not more at fault for the accident than the other party is.
However, the amount of compensation you get may be reduced based on your percentage of fault. That’s why it’s important to work with an attorney who can defend your interests, limit your share of fault, and maximize your compensation.
Many times, it is difficult to determine who was responsible for the care and maintenance or safety at the accident site. However, once a responsible party is identified, they should be notified about your incident. If possible, report your premises’ liability accident to a property owner as soon as possible, preferably under the advice of a lawyer. Also, try to obtain a copy of the accident report.
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