What is premises liability?
You do not want to consider the prospect of an injury while out and about, but the reality is, there is always a chance. However, what makes an incident qualify under premises liability versus an unfortunate accident?
Premises liability covers incidents that happen on someone else’s property. Whether it is an accident or a liability comes down to the conditions leading to the injury. Find out more about what may warrant a premises liability claim.
Was there visible damage?
One of the first things examined in the wake of an incident is whether the area had visible damage. For example, if a person trips and falls on the front stoop of a building, the danger is visible. Anything visible that is repairable presents a hazard. It is reckless for the owner to leave damage that risky lurking where anyone can get hurt. A condition that exists and not fixed is negligence. This means the owner is liable for the injury.
Was the hazard known?
Some hazards may not present as damage. In the case of an animal bite, the danger is present but not evident. If a homeowner knows his or her dog has the propensity for biting but fails to restrain the animal properly, premises liability applies. An animal that bites a visitor or passerby may inflict serious and traumatizing injury. Thus, when a homeowner fails to ensure the animal remains safely away, he or she is negligent.
The legal standard of premises liability lies in proving the owner knew of a risk and failed to rectify it. Even something as simple as a wet floor sign may help stave off a premises liability claim.
How to handle the mortgage in a New Jersey divorce
When you and your New Jersey spouse take out a mortgage together, both of you maintain responsibility for that mortgage even if you divorce, unless you make other arrangements. Even if your divorce decree dictates that only you or only your ex has to pay the mortgage,...
Divorcing with pets: who gets custody of the dog?
When you acquire a dog during your marriage, the pup becomes part of the family. You and your spouse may consider your pet another child between you. Unfortunately, unless you live in Illinois, Alaska or California, the law looks at your dog as property — this is true...
Parental teamwork paves the way to a workable child custody plan
Divorce may be on the horizon, but you and your spouse may still have children to raise, children who must adjust to the breakup of the family unit. You will need guidelines to help you manage your new role as co-parents, and teamwork is a good way to go about...
Are electric vehicles too quiet to be safe?
Because of designated sidewalks and mandatory yield signs, many parts of New Jersey are walkable for pedestrians. Still, according to the National Highway Traffic Safety Administration, 175 pedestrians died in motor vehicle accidents in the Garden State in 2019 alone....
Could mediation be the best divorce option for the two of you?
If you and your spouse have decided to end your marriage, you may dread the thought of a lengthy divorce in court. Mediation is another option that many divorcing couples prefer because of its advantages over litigation. What can you expect to happen if you choose...
Don’t Google or Waze and Drive – Navigation by Cell Phone Can get you Ticketed
New Jersey’s Appellate Division released a published decision yesterday ruling that a driver’s use of his cell phone to type in the address for directions to his destination while driving constitutes the use of the phone prohibited by N.J.S.A. 34:97-3. This section of...
Drawing attention to other distracted driving risk factors
Behind the wheel, you need to avoid any distractions that could affect your driving. Many drivers understand that cell phones play a major role in the prevalence of distracted driving, such as texting, sending emails and making calls. However, many there are many...
NIL’S ARE NOT ONLY FOR COLLEGE STARS – NEW JERSEY PERMITS HIGH SCHOOL NIL’S
In response to a question raised through family members about what parents need to know -- and do -- in response to a NIL offer to their 16-year-old multi-sport star, I did a bit of research. Here is what I learned. NIL’s stand for Name Image and Likeness, you may...
Can a dog attack lead to sepsis?
Even if you trust your own dog implicitly, you know how unpredictable and dangerous other animals can be. In fact, a seemingly friendly dog may turn vicious with little notice or no notice at all. If a dog attacks you, you are vulnerable to a variety of injuries,...
How can doctors treat animal bites?
Animal bites can happen to anyone. Bites may occur with familiar animals, family pets or stranger animals at a campsite or hiking trails. According to Healthline, most people suffer animal bites because of a family pet. While some animal bites may result in mild...