If I was Injured on Private Property, Can I Sue?

October 7, 2019


In New Jersey, you can sue when a commercial property owner is negligent in maintaining the property, and that negligence results in your personal injury. Your case does not always present itself as clearly when you are injured on private, residential property. Still, if a property owner does not perform maintenance that the law requires, or acts in a way that causes your injuries, you are entitled to compensation. In these cases, you should contact an experienced attorney to help with your personal injury claim.

Negligence of Private Property Owner

Unlike commercial property owners, private property owners do not have an automatic duty to keep their premises safe for visitors. The New Jersey Supreme Court held in Luchejko v. City of Hoboken that a residential owner is only liable for a slip and fall accident if the owner either created the condition or made it worse. On the other hand, if a homeowner has made his or her property more dangerous, due to work on the property or general neglect, you can gain compensation for that injury.

Dangerous Conduct or Conditions Caused by the Owner

In a sidewalk slip and fall on someone's property, proving the owner's actions caused your injury can be difficult. Other kinds of personal injury claims on private property also arise. Injuries to children on private property that happen on a trampoline, swimming pool, or other equipment can make the owner liable under the attractive nuisance doctrine. Injuries to guests or other visitors on the property due to a dangerous animal or a property problem the owner knew about but did not repair also give rise to a personal injury claim. In these cases, you can recover from the owner for your injuries even when they occur on private property.

If you have been injured due to a property owner's creation or continued refusal to repair a dangerous condition, you are entitled to recover damages for your personal injury claim. Contact Stern and Stern today to get the recovery you deserve.