${site.data.firmName}${SEMFirmNameAlt}
Phone 732-504-3841 Toll Free 877-251-5491

Proactive action could prevent premises liability lawsuits

Business owners in New Jersey and around the country usually purchase general liability insurance coverage to reduce their exposure to premises liability lawsuits, but they should also put procedures and policies place to reduce their chances of being sued and protect vendors, customers and others who visit their establishments. This type of legal action is generally filed against the tenants rather than the owners of commercial properties as most factory, warehouse, office or retail store leases include provisions stating that maintenance and safety are the occupier's responsibility.

To be successful in a premises liability lawsuit, plaintiffs must establish that the defendant knew or should have known about an unsafe or potentially unsafe situation and failed to take adequate step to protect visitors. Business owners owe a duty of care to all visitors to their establishments, including, in some cases, even trespassers.

Premises liability lawsuits are often filed after visitors have suffered injuries in slip-and-fall accidents, and business owners can reduce the likelihood of this kind of litigation by regularly inspecting their facilities and having policies in place that call for spills to be cleaned up quickly. Those who run businesses in northern states like New Jersey should also have procedures in place to remove snow and ice promptly during the winter months.

Those injured in slip and fall accidents sometimes suffer serious injuries, and personal injury attorneys pursuing civil remedies on their behalf may gather evidence to counter arguments that the plaintiff was not being careful. Business owners may find it difficult to point the finger of blame at accident victims when they have a track record of safety violations or photographs of their facilities reveal lax maintenance and little or no oversight. Attorneys may also canvass the area for individuals who may have witnessed the accident or been injured themselves.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Have A Legal Question?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Locations

Toms River Office
189 Route 37 West
Toms River, NJ 08755

Toll Free: 877-251-5491
Phone: 732-504-3841
Fax: 732-505-6511
Fax: 732-349-8850
Toms River Law Office Map

Forked River Office
623 Lacey Road
Forked River, NJ 08731

Toll Free: 877-251-5491
Phone: 732-504-3841
Map & Directions

Bricktown Office
74 Brick Boulevard
Building 2, Suite 112
Bricktown, NJ 08723

Map & Directions