If you are injured in a slip and fall accident due to another’s negligence, you may have the right to seek compensation for your injuries. The type of property where your accident occurs determines your rights. Learn who is liable for a slip and fall outside a house with a home office and why obtaining legal counsel is vital in this type of case.
Residential vs. Commercial Premises Liability
Pursuant to New Jersey case law addressing premises liability, commercial property owners can be held responsible for slip and fall accidents that occur on premises sidewalks due to negligent or dangerous conditions.
Commercial property owners must maintain sidewalks on or abutting their property. Suppose the owner fails to maintain the sidewalk or warn visitors of potentially hazardous conditions, and their negligence results in a slip and fall injury. In that case, the victim can seek compensation in a personal injury lawsuit.
Residential property owners do not have a legal responsibility to maintain sidewalks outside their homes unless their actions created the dangerous conditions. In most cases, if you slip and fall on a sidewalk outside a residential property, you cannot seek damages from the homeowner.
Does a Home Office Constitute Commercial Property?
If a slip and fall occurs outside a house with a home office, it is generally not covered under premises liability law. Legal precedent has established that in most situations, a home office does not change the character of residential property to commercial property.
If You Fall Outside a House With a Home Office, Who is Liable?
Working with an experienced slip and fall attorney can help you determine who is liable for your slip and fall outside of a residence with a home office. Your attorney can review your case to determine if the house qualifies as a commercial or residential property.
If they can prove that the property is used predominantly as a business rather than a residence, you may be able to seek compensation for your injuries.
The plaintiff in Wasserman v. W.R. Grace & Co., 281 N.J. Super 34, 38-39 argued that the property should be deemed commercial because despite only of the bedrooms being used as a business office, there was office equipment in that room, sales calls made from the employee’s home office generated 10s of millions of dollars in revenue for the employer corporation. The employee’s business cards stated his home address was also that of the employer.
The court ultimately disagreed with the plaintiff’s argument and moreover indicated that even if the employee saw customers at the home office that would not change the character of the property from residential to commercial.
Schedule a Free Consultation
If you suffer an injury due to a slip and fall outside a house with a home office, contact a New Jersey personal injury attorney as soon as possible. A knowledgeable attorney can review your case and determine whether you can pursue compensation according to premises liability laws. Schedule your free attorney consultation today to start your case.