When you are injured on another person’s property, you may initially believe that reporting the accident to the property owner or speaking with an insurance company is enough to protect your claim. Unfortunately, this is not necessarily the case, and if you fail to take legal action within the applicable statute of limitations, you may permanently lose your right to recover compensation. That is why anyone injured because of a dangerous property condition should understand the filing deadline that applies to premises liability claims in New Jersey. Please continue reading to learn more about the statute of limitations for premises liability claims in New Jersey and why it is so important to speak with a Union County premises liability lawyer sooner, rather than later.

What Is the Statute of Limitations for a New Jersey Premises Liability Claim?

Generally speaking, injured individuals have two years from the date of their accident to file a premises liability lawsuit in New Jersey. This deadline is established under N.J.S.A. 2A:14-2, which governs personal injury actions caused by another party’s wrongful act, negligence, or default. The two-year statute of limitations can apply to several types of premises liability accidents, including those involving the following:

  • Slippery floors in supermarkets, restaurants, or retail stores
  • Broken steps, stairways, or handrails
  • Dangerous sidewalks
  • Inadequate lighting
  • Negligent security
  • Falling merchandise
  • Snow or ice accumulation
  • Unsafe conditions in rental properties
  • Swimming pool accidents
  • Dog attacks occurring on another person’s property

Can the Deadline Be Shorter or Longer in Certain Cases?

The answer is “yes.” Though two years is the standard filing period for most premises liability cases, various factors can either shorten the amount of time available or, in some situations, pause the statute of limitations. Some of the most notable exceptions and special rules are as follows:

  • Claims against public entities: If you were injured on property owned or maintained by a municipality, county, public school, transit agency, or other government entity, you may have to submit a Notice of Claim within only 90 days. A court may sometimes allow a late notice within one year, though permission is not guaranteed.
  • Injuries involving minors: When the injured person is under 18, the statute of limitations may be paused until the child reaches adulthood, depending on the circumstances.
  • Delayed discovery: In limited cases, the injured person may not immediately discover the injury or reasonably understand that it was connected to a hazardous property condition.
  • Mental incapacity: Certain qualifying disabilities may toll, or pause, the applicable limitations period.
  • Wrongful death: If a person passes away because of a premises liability accident, a separate filing deadline may apply to the resulting wrongful death claim.

Why Should I Contact a Lawyer Before the Filing Deadline Approaches?

Even if you still have several months or more before the statute of limitations expires, waiting to begin your claim can create various problems. A New Jersey premises liability lawyer can help by:

  • Determining which person, company, or public entity controlled the property
  • Obtaining available surveillance footage
  • Photographing and documenting the dangerous condition
  • Requesting cleaning, maintenance, and inspection records
  • Interviewing witnesses
  • Reviewing medical records
  • Calculating the full extent of your losses
  • Negotiating with the insurance company
  • Filing your lawsuit within the correct deadline

Property owners and insurance companies may argue that no dangerous condition existed, that they had no notice of the hazard, or that you were responsible for your own injuries. For this reason, if you were hurt while lawfully on another person’s property, you should not wait until the filing deadline is approaching to consider your legal options. Contact a New Jersey personal injury lawyer today to discuss your accident and learn whether you may have a valid claim for compensation.