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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
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Civil Model Jury Charge 5.20C DUTY OF OWNER TO TENANT LEASING ENTIRE PREMISES AND TO OTHERS ON PREMISES

5.20C DUTY OF OWNER TO TENANT LEASING ENTIRE PREMISES AND TO OTHERS ON PREMISES (Approved 5/77)

http://www.judiciary.state.nj.us/civil/civindx.html

A. Residential Premises

When a landlord rents (leases) a home to another, he/she has a duty to inform that person of any (natural, artificial, latent hidden) condition (or defect) that involves an unreasonable risk of bodily harm to other persons lawfully upon the premises. If he/she fails to disclose such condition, he/she is subject to liability for the harm that such condition caused, provided that:

A) The tenant was unaware of the condition prior to the occurrence of the harm or did not realize the risk created by the condition;

B) The condition and risk involved were known to the landlord or reasonably discoverable by him/her, and

C) The landlord had reason to believe that the person to whom he/she rented the premises would not discover the condition or realize the risk created by the condition.

B. Repairs by Landlord of Residential Premises

The landlord also has the duty to repair damages to vital facilities caused by ordinary wear and tear during the terms of the tenancy (lease) when he/she is given adequate notice of said condition and, in addition, to make such repairs as promised by him/her either by contract or voluntarily.

If he/she fails to make such repairs in a reasonable time after he/she is aware or should be aware of the need for same or fails to make them in a reasonably careful manner, he/she is liable in damages for such breach of duty to the tenant or others lawfully upon the premises if they suffer injury because the landlords conduct resulted in a condition that created an unreasonable risk of harm.

NOTE TO JUDGE

The June 15, 1973 revision had the following note:

The foregoing is a revision of the charge to give effect to Marini v. Ireland, 56 N.J. 130 (1970) to the extent of eliminating any reference to the landlords or lessors warranty that premises are fit and suitable for tenants proposed use. See also, Dwyer v. Skyline Apartments, Inc., 123 N.J. Super. 48 (App. Div. 1973).

NOTE ALSO

This Charge applies only to residential premises leased or rented to a tenant for the latters occupancy. Marini v. Ireland, 56 N.J. 130, 144. It does not apply to long-term leases of residential buildings for investment or other than residential purposes of the lessee.

The words landlord, tenants, and rents are used to reflect the more common usage of the words as opposed to lessor, lessee, lease, etc. In addition, language has been used to include the situation where the landlord has agreed to repair but has not kept the agreement. The words reasonable time for the landlord to act consistent with the language contained in Dwyer v. Skyline Apartments, Inc., 123 N.J. Super. 48 (App. Div. 1973), have been added.

C. Non-Residential Land and Buildings

Generally, on the renting or leasing of a building or lands for other than residential purposes, in the absence of a contract to that effect, there is no implied warranty or condition that the premises are fit and suitable for the purpose specified or for the use to which the tenant or lessee proposes to devote them or for any purpose and in such case, the landlord is under no liability for injuries sustained by the tenant or his/her guests or employees, by reason of the unsafe condition of the leased premises. Where, however, a landlord conceals or fails to disclose to his/her tenant any natural or artificial condition involving an unreasonable risk of bodily harm to persons upon the land, he/she is subject to liability for the harm thereby caused to the tenant, and to others upon the land with the consent of the tenant after the tenant has taken possession, if (a) the tenant does not know of the condition or the risk involved, and (b) the landlord knows of the condition and realizes the risk involved and has reason to believe that the tenant will not discover the condition or realize the risk.

D. Repairs by Landlord of Non-Residential Land and Buildings

In the absence of a contractual obligation to repair premises leased for non-residential purposes, the landlord owes no duty to repair the leased premises. In the event that repairs are made, either by contract or voluntarily on the part of the landlord, they must be carried out in a reasonably careful manner and the tenant and others lawfully upon the premises may rely upon the sufficiency of such repairs. Where a landlord negligently makes repairs so undertaken, whether voluntarily or not, he/she is liable in damages for such breach of duty so arising, to the tenant and to others upon the land with the consent of the tenant, if the resulting condition creates an unreasonable risk of harm to persons upon the land.

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

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