Types of Liability in Personal Injury Cases

Accidents can happen as a result of many different situations. Sometimes, they are a result of the individual’s own fault. Other times, they may happen as a result of another person’s neglect to provide the lawful standard of care. A personal injury accident happens when a person becomes harmed at the expense of another’s negligence. In the event of this, an injured party may wish to pursue a personal injury lawsuit to hold the negligent party responsible. When a person becomes injured this way, it is important to understand how they may proceed for a personal injury case. In doing so, they must know how they were injured and who is at fault for the injury.

Premises Liability

A premises liability case may be necessary if an individual becomes harmed due to another party’s inability to take care of their property. Situations that fall under premises liability include slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more.

Property owners in New Jersey are legally responsible to ensure the safety of others by maintaining safe property conditions. They are obligated to provide a duty of care towards those who come onto their property. This duty of care requires them to make necessary repairs, warn people about unsafe conditions, make sure the property is safe, and provide any necessary security measures.

If an injured party wants to hold another person responsible for their injury, they are required to prove a few things. First, they must prove this party was responsible for taking care of the property they were injured on. It also requires them to prove the accident and their injuries happened directly because of their negligence and failure to provide the lawful duty of care.

Product Liability

A product liability case occurs when an individual becomes injured as a result of a flawed product. This can happen if a mistake is made or manufacturers cut corners during the production of a product. People can become injured as a result of this. There are three main categories of defects:

  • Design defect: This is seen when a designer does not account for a user’s safety when creating the product
  • Manufacturer defect: This is seen when a manufacturer strays from the usual production process, causing the product to injure someone
  • Failure to warn: This is seen when a company fails to provide a warning label for a product that can hurt someone if it used incorrectly

Statute of Limitations

It is important for victims of personal injury cases to know there is a statute of limitations on filing a claim. This requires them to file within a certain amount of time or they will no longer be able to do so. The statute of limitations for a personal injury case in New Jersey is two years.

Contact our Firm

Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients who have been hurt because of the negligence of another party. If you have been involved in a motor vehicle accident or were injured on another person’s property, contact our firm today.

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