Any unsafe conditions can be grounds for a premises liability case, including uneven flooring. If you suffered injuries and other damages as a result of a property owner’s negligence, continue reading and consult with a Monmouth County slip and fall accident attorney today.
What is Premises Liability?
Premises liability is a property owner’s legal responsibility to provide a safe environment for lawful visitors and guests. Under this law, property owners owe a duty of care to individuals who are lawfully on their property and can be held liable if someone is injured or sustains damages due to unsafe conditions or negligence on the owner’s part.
Can Uneven Flooring Be Grounds for a Premises Liability Case in NJ?
Yes, uneven flooring is one of the many valid grounds for a premises liability case. Uneven surfaces are extremely dangerous and can lead to slip or trip and fall accidents and injuries. Because property owners have a legal duty to maintain premises in a reasonably safe condition, they are required to take steps to both identify and resolve issues such as uneven flooring. Regardless of whether the accident occurred in a private residence, grocery store, hotel, restaurant, or anywhere else, the property owner or manager should identify hazards in a timely manner and work to either warn people or rectify the issue.
Whether pavement is cracked, tiles are loose, carpet is bunched, or a floorboard is loose, uneven flooring can be a significant and foreseeable risk to visitors. However, it is important to understand how to file a successful premises liability claim.
How Can I Build a Successful Claim?
In order to be successful in your premises liability claim or lawsuit, you must be able to demonstrate that the uneven flooring was a result of the property owner’s negligence. Negligence can be established by proving the following key elements.
- Duty of care: The property owner had a legal obligation to maintain safe premises for lawful visitors
- Breach of duty: The property owner failed to notice, fix, or warn visitors about the dangerous conditions of the uneven flooring
- Causation: The uneven flooring directly caused the accident and injury
- Damages: You suffered actual harm and damages, including economic and non-economic
If you can demonstrate the above factors of negligence, you can establish the property owner’s liability and be awarded compensation for your damages. Evidence that often comes in handy during cases like these includes photos and videos of the unsafe conditions, the accident report if one was filed, witness statements, inspection and maintenance records, surveillance footage, medical records, and more.
It is important to note that New Jersey imposes a two-year statute of limitations on personal injury cases. This means that you are required to file a claim or lawsuit within two years from the date of the injury; otherwise, you lose your right to compensation. To learn more about your rights and responsibilities after an accident, reach out to a skilled injury attorney today.