Written Laws that May Limit or Prevent a Premises Liability Claim
In New Jersey, the owners or persons in control of residential and commercial property have certain duties with respect to persons who legally enter the premises. If you have been injured on someone else’s property because of the breach of a legal duty, you can generally seek compensation for your losses. There are, however, a couple of statutes that can limit or even prevent your recovery for injury and loss.
What Is a Statute?
As a general rule, there are two sources for all laws governing society: the common law and statutory law. The common law comes from the opinions rendered by judges in cases before them. Statutes are written laws enacted by a legislative body. Many of the laws governing liability for slips and falls (premises liability) come from the common law.
What Statutes Potentially Affect a Slip and Fall Claim?
There are two statutes that may limit or bar a premises liability claim:
- The statute of limitations—The statute of limitations identifies the time period in which a lawsuit to recover damages for a personal injury must be filed. In New Jersey, personal injury lawsuits (including slip and fall claims) must generally be filed within two years of the date of the accident. The statutory period may, however, be extended if you were reasonably unaware of any injuries until a later date.
- The comparative negligence statute—Under the comparative negligence statute, you can still recover compensation if you were partially at fault for your injuries, but may not recover anything if you were more than 50% responsible.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after a slip and fall injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all premises liability claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.