Accidents can happen as a result of many different circumstances. Sometimes, they can simply be due to clumsiness and an individual’s own mishap. Other times, they may be because of another party’s negligence. This may be a result of their failure to provide a duty of care. There are many situations in which people are required by law to provide others with a duty of care.
When a person is injured due to negligence, it is known as a personal injury accident. In these situations, victims often want to hold the negligent party responsible. In doing so, they are required to prove how that party failed to provide a duty of care. A person’s duty of care to another may fall under premises or product liability law.
When a person is injured due to poor property conditions, it is known as premises liability. Property owners in the state of New Jersey are required to maintain their grounds to ensure the safety of others. This requires them to make repairs, warn people about unsafe conditions, ensure the property is safe, and provide necessary security measures.
If a person is injured on another’s property due to hazardous conditions, the property owner may be held liable. Situations that are covered under premises liability law are slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more. Injured parties who wish to hold another responsible for negligence must prove the following:
- The party was responsible for taking care of the property the accident occurred on
- The injuries sustained were a result of their inability to do so
When a person is injured due to a defective product, it is known as product liability. If a manufacturer makes a mistake or they deviate from protocol during the production process, a product can malfunction. When this happens, people can suffer grave injuries as a result. There are three main categories of defects seen in product liability cases:
- Design defect: When a designer does not account for a user’s safety when creating the product
- Manufacturer defect: When a manufacturer strays from the usual production process, causing the product to injure someone
- Failure to warn: When a company fails to provide a warning label for a product that can hurt someone if it used incorrectly
Statute of Limitations
When a person wishes to file a personal injury lawsuit, it is important to know there is a statute of limitations on doing so. This is a deadline that requires the individual to file a claim within a certain amount of time. If they do not, the injured party may no longer be able to bring a lawsuit against the negligent party. In the state of New Jersey, the statute of limitations for personal injury lawsuits is two years.
Contact our Firm
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.