• Can a Duty of Care Be Owed in a Dangerous Condition in New Jersey Under Premises Liability?

    There can be a duty of care owed when the source of an injury is due to the dangerous condition of a property when the injury is the result of a foreseeable risk to an identified person in the state of New Jersey. Premises liability, in New Jersey, is a subset of general negligence law. In the state, it is legally accepted that negligence must include four elements:

    • Duty of care
    • Breach of that duty
    • Proximate causation
    • Damages

    If any of the four elements are missing, it doesn’t constitute as negligence. For instance, if someone had a duty of care and damages resulted but there was no way for them to know about the condition ahead of time, they didn’t breach their duty of care. In that case, the person is not liable for the damages. However, if that person should have known about the dangerous conditions, even if they claimed they did not, they are still liable as it breaches their duty of care.

    To put it more simply, if a reasonable person would know there is a danger, then the person is liable for knowing about the danger. If there is something dangerous in their backyard and they invite people over, they breached their duty of care. A reasonable person would have checked their backyard for anything amiss prior to having guests over. This can be anything from something broken that can be tripped over to a pool that has not been properly maintained.

    This can also apply to landlords. A landlord is required to ensure the property is safe for all those who lawfully enter the property. If they are aware that there are cracks in the sidewalk and someone trips on the crack, they are liable for the medical expenses and potentially other damages. Furthermore, they are still required to fix the sidewalk in a timely manner without taking it out on the tenants.

    If you have been injured due to the negligence of another, contact our team of attorneys at Jarve Kaplan Granato Starr today. We understand premises law in New Jersey and will fight for your right to proper compensation. Contact us today to find out how we can fight for your rights.

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