If you fell because of broken stairs or handrails on another person’s property, you may be able to sue for both economic and non-economic damages under premises liability law. For more information, read on and work with a skilled Monmouth County premises liability lawyer today.
What is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property. Under this rule, property owners owe a duty of care to visitors to maintain the premises in a reasonably safe condition.
This includes conducting inspections to identify hazards, performing regular maintenance on the property, and sectioning off or warning guests about areas with dangers that cannot be fixed right away.
Can I Sue if I Fell as a Result of Broken Stairs or Handrails in NJ?
Yes, depending on the specific circumstances of the situation, you may be able to sue for compensation if you fell as a result of broken stairs or handrails. The most important thing during any personal injury claim or lawsuit is liability.
A property owner may be considered liable for your accident and injury if they were negligent in their maintenance of the premises. Under premises liability law, property owners must conduct regular inspections to identify hazards and take prompt action to fix issues or, at the very least, warn visitors about dangers that cannot be resolved immediately.
If the stairs or handrails were broken for long enough that the property owner should have been aware of the issue but was not, it is evidence that they neglected their duty to inspect the property to prevent accidents. If they knew about the broken stairs but failed to fix them or rope off the area, they were negligent by not taking action in a timely manner.
In either case, the property owner can be held liable for the resulting injuries and damages. However, it is important to note that the property owner will not always be considered responsible. If the hazard was created by a third party or was only present for a short time before your accident occurred, the owner may not be considered negligent in their behavior. Liability generally hinges on the property owner having a reasonable amount of time to discover and fix a hazardous condition.
How Long Do I Have to File a Claim?
After being involved in an accident, understanding the statute of limitations that applies is crucial. This is a time limit in which you have the right to initiate legal action against an individual or entity for your damages. In New Jersey, most premises liability cases must be filed within two years of the date of the accident.
There are some exceptions, however, that could shorten or lengthen the amount of time you have to file a claim or lawsuit. For example, claims against government agencies have shorter deadlines and stricter requirements. For more information and assistance during your legal proceedings, reach out to a skilled attorney today.
