In a recent unpublished decision, thec New Jersey Appellate Division upheld the trial court’s dismissal of a personal injury lawsuit based on a falldown at a two family house. The bank holding the mortgage on the house had become the owner of the property through foreclosure. The plaintiff, a lawful guest at the property, was injured when a porch railing gave way while she was leaning on it, causing her to fall and sustain injuries. In reaching its decision to grant the bank summary judgment and deny the plaintiff a trial, the court first considered that the bank had had no knowledge of any defect in the railing through the occupancy inspections, and therefore had no duty to warn plaintiff of a dangerous condition or make repairs. Further, the court considered that the plaintiff had provided no proof of what was the defect in the railing, or that a reasonable inspection would have revealed a need to repair the railing, the type of required inspection, or that the bank had had a reasonable opportunity to repair the railing.
It is important to keep in mind that just because someone is injured at a particular location, the property owner is not automatically liable. The attorney for the injured party must develop the liability of the owner through investigation, expert analysis and other methods. We have the experience, work ethic and perseverance needed to maximize your recovery in your falldown case. Please call today for a free consultation.
