New Jersey Court Rules Vacation Home Renters can Sue for Injuries on Premises
A New Jersey court has overturned the ruling of a Middlesex County judge throwing out the case of a man who was injured from a fall in a vacation rental. Hermes Reyes was only a few days into a holiday at a vacation home in Stone Harbor in Aug-Sep 2003 when the slip and fall accident occurred. As he opened the glass sliding doors of his bedroom to walk out onto the deck, a 7-inch gap between the bottom of the door and the wooden platform of the deck, caused him to miss a step and fall to the ground. There was no guardrail for him to grab to break his fall. The accident left Reyes with serious injuries.
Reyes' personal injury lawyers filed a lawsuit against the owners of the rental property Harry and Holy Egner, but Middlesex County Superior Court judge Vincent Leblon ruled that Reyes could not seek damages against the owners. Now, an appeals court has overturned the ruling, allowing Reyes's lawsuit to go ahead. In the judgment, the panel ruled that there was a difference between short term renters who rent for the purpose of a vacation, and long term renters like tenants. This distinction between short term and long term renters hadn’t been made before this ruling. The ruling however, has upheld that the real estate firm that was responsible for brokering the rental deal could not be held liable for any damages arising out of this premises injury lawsuit. Reyes is planning to appeal this point. It will be interesting see how that pans out, and if a real estate firm can also be held liable for property code violations on the property of the owner.
New Jersey's premises liability laws make it mandatory for commercial space owners to ensure that their properties are reasonably safe. Owners can be held liable for any injuries that occur on their property. Examples of how you can be injured on another person's property include
- A slip and fall accident on a wet and slippery floor
- Falls because of insufficient lighting
- Falls because of standing water, snow or ice
- Falls on elevators or stairways that are improperly designed or have broken steps
Damages can be claimed like with any other personal injury lawsuit, including compensation for medical bills, pain and suffering, lost wages etc. If you've been injured on another's property, you may be able to claim compensation for your injuries. Contact a New Jersey premises injury attorney to evaluate your options for compensation.
