Under premises liability, if a visitor to one's property suffers an injury due to an inherent fault on the premises, the victim may be entitled to file a lawsuit against the property owner. Premises liability flows from the tort law principle of negligence. Thus, it must be proved that the premise's owner was strictly or absolutely liable for the injuries caused. Every year in New Jersey, one of the most common premises liability lawsuits are those conducted against the state government.
Premises Liability Lawsuits Against the State
Many times, people may suffer injuries related to government owned properties, such as roads, parks, etc. In such cases, premises liability lawsuits are often brought against the State. The Federal Torts Claims Act gave rights to the people of United States to sue the government for personal injury, wrongful death, etc. caused by government employee negligence.
In addition, it must be proven that the employee or employees in question were acting within the purview of their employment, and the employee's actions or inactions were authorized by a competent authority. One may find it beneficial in such cases to get professional help for establishing a "course of employment." Moreover, under New Jersey and Federal Law, independent contractors may also be held liable.
Government Responsibility for Premises Liabilities
Under various State Laws, the government may be exempted from certain premises liabilities. Nonetheless, the government may be held absolutely liable in cases involving a "special defect," a defect which makes government property inherently dangerous to visitors. Other standards of care established by State laws may also include a distinction between unpaid uses of a property.
The government can be held liable for pecuniary damages to victims. Compensation is calculated under New Jersey state law. Any such lawsuit against the government has to be filed within two years of the injury, or the case may be dismissed by the court.
Get Help with a New Jersey Premises Liablity Case Today
If you have a premises liability case, get qualified counsel for your unique situation. Our personal injury lawyers are experienced and will help guide you in the right direction. Contact us today for a free personal injury consultation today.
Source: FindLaw.com, "Premises Liability Claims Against the Government"