Protect Yourself When Someone is Injured on Your Property
You can be held liable for injuries from accidents which occur on your land. It depends on the amount of control you have over the property and your knowledge about the hazardous conditions. If you knew about the issues that caused the injury and failed to correct them, you can be held liable due to negligence. Even a trespasser can sue you for injuries on your property in New Jersey.
For a plaintiff to make a case for liability, he must prove that you owed a duty of care and that you breached that duty. He must show that the breach was the cause of his injuries. Duty of care depends on your local laws. A higher standard of care is required for someone invited to be on your property while a lower standard exists for someone just permitted on your property or trespassing.
It’s important to note that your homeowner’s insurance or property insurance doesn’t automatically protect you when someone is injured on your property. It depends on your policy, the language and coverage. It also depends on how reliable your insurance company is and how hard they will fight claims.What Should You Do?
You’re obligated to address the injury and possible insurance claim right away. If you were present when the accident occurred, you need to consider the extent of the injuries and determine if emergency care is required. You should also:
- Contact the police so both parties can make statements
- Take photos of the injuries and of the area where the injury occurred in order to show the condition of the property at the time of the incident
- Collect any witness statements, if existing
- The next step is to call your insurance agent to discuss the situation and your coverage. Often, your agent will be able to offer guidance regarding your options on how to proceed.
If the circumstances are significant, contact an experienced attorney who will protect your rights. The personal injury attorneys at Graziano & Flynn have many years of experience litigating personal injury suits in New Jersey. If someone has been injured on your property, contact us today for a free consultation.