We work closely with experienced professional engineers and medical professionals in an effort to create a winning case for each and every client. Other potentially liable parties include tenants, businesses who occupy the property, property management company, and third-party property maintenance companies. That duty even extends to children who may be trespassers but who are attracted out of curiosity to investigate hazardous conditions on a property. In New Jersey, dog owners are subject to what is known as strict liability. In premises liability cases, as with other negligence-based claims, a "reasonableness" standard applies. Legal ServicesRating Methodology. This means that the property owner may be liable for them. Determining whether or not there is a potential claim depends on many factors, including answering the following questions: -. If you are a trespasser, there is no duty to make the property safe or to warn you of dangerous conditions, but the owner cannot create a dangerous condition to "trap" a trespasser.
Generally, New Jersey takes a traditional approach to liability if you are injured as a result of a dangerous property condition while lawfully on property, but there are exceptions. The specific legal responsibility of a property owner is determined by the type of property, the status of the individual who is injured, and the status of the property owner. Black ice is a very common and treacherous cause of slip and fall accidents in the winter months. To schedule a private meeting with an experienced New Jersey personal injury lawyer, contact us online or call our office at 732-249-4600 (toll-free at 1-877-249-4600). We handle all premises liability claims on a contingency basis, charging attorney fees only if we recover compensation for your losses. However, the owner of a residential property to abuts a publicly owned property under certain circumstances may be liable for injury caused by the condition of the public property.
Located in Highland Park, New Jersey serving the communities of New Brunswick, Edison, Somerset, South River, Sayreville, Metuchen, East Brunswick, South Plainfield, Fords, Middlesex, Old Bridge, Iselin, Bound Brook, Perth Amboy and Colonia, New Jersey. Contact us today for a free consultation. The property in question may be a private home, an apartment complex, a store, a casino, a park or amusement facility, or a place of work. We will gather all the evidence needed to win your case, whether at the settlement table or in a court of law. Premises liability is the area of law that covers accidents such as slip and falls, trip and falls and any other incidents that result in serious personal injuries. Items Falling on You: In stores, especially in supermarkets and big-box stores where merchandise is often stacked high and precariously on shelves, items can fall on top of clients and cause serious head, neck and spinal injuries. Constructive notice exists when, even though the defendant did not actually know about a danger, it should have known about it if it had used a reasonable degree of diligence and care.
Attorney Richard A. Stoloff is a skilled trial lawyer with a reputation for achieving positive results in and out of court. The daily routine of people's lives often includes setting foot on someone's commercial property, whether that appearance on another's commercial property is to live as a tenant, conduct business, work, go to school, shop, dine, attend a concert or sporting event, and numerous other activities. Ice and snow on a sidewalk could be the cause of a premises liability accident if a business owner failed to shovel and salt the area, despite knowing the hazard existed. Our firm will promptly get to work in your case by: - Investigating the accident to recover critical evidence such as accident scene photos, surveillance footage, and eyewitness testimony. However, an owner/possessor does not have to look for hidden defects. It is important to note that the weather's ability to turn on a dime is not limited to New Jersey's winter months. Slip and Fall Accidents in the Winter.
Some common examples of premises liability claims may include: The aforesaid is just a brief summary of the some of the many instances where a person or entity can be held liable for the injuries sustained by persons using the property and should not be considered exhaustive on this subject. The time is limited to pursue a claim in New Jersey, so it is important that you file your premise liability lawsuit within the statute of limitations. Costs of medical treatment of injuries you suffered in the accident, including emergency care, hospitalization, surgeries and other procedures, physical/occupational therapy, or prescription pain medication. Amusement/recreational park accidents. I highly recommend their services! Our attorneys have been protecting our clients' rights for over 30 years on all types of injury cases throughout the state of New Jersey. To schedule a free initial consultation, call or contact our office today. He goes above and beyond for his clients.
Public – a public entity is responsible for injuries caused by a dangerous condition of its property only if the injured individual proves that the property was in a dangerous condition, which caused injury, that the public entity had notice of the condition, that an employee of the public entity allowed the creation of the dangerous condition, and that the public entities actions and/or omissions were palpably unreasonable. Was there a recent snowfall or ice storm, or did the slip and fall happen due to accumulated snow or ice that hadn't been removed according to a local ordinance or poor drainage? Premises liability cases can be extremely difficult to prove.
Many people fall during the winter due to snow and ice. Furthermore, in all instances, a person seeking to make a claim for injuries sustained due to a defective condition of the property must show that the owner or entity responsible for the care of the property had actual or constructive notice of the defect for a reasonable period of time prior to the injury sustained. If you, a friend, or family member have suffered from an injury including broken bones, burns, electrical shocks, or head, spinal cord, neck, or other serious injuries following a slip and fall accident, a New Jersey slip & fall attorney at Petro Cohen, P. can inform you of your legal rights. Because of our strong reputation for effective representation, many of our new clients come to us as referrals. Building or ceiling collapse. The test is whether a reasonably prudent person who knew or should have known about the icy or snowy condition would have made the sidewalk reasonably safe within a reasonable period of time after becoming aware. If you have sustained injuries while on another person's property, call or contact our office to discuss options for recovering compensation in your case. In grocery stores, malls, office buildings, and other locations, it is not unusual to see "Wet Floor" signs and areas that have been cordoned off for cleaning. Injury claims in New Jersey are subject to the state's comparative negligence rule, which states that an injured person is not automatically barred from pursuing a compensation claim just because they were partly responsible for their own injuries. Tractor-Trailer Accident.
We have effectively handled cases involving: If you have sustained injuries because of hazardous conditions on someone else's property, you may be immediately worried about the cost of medical treatment—and the injuries resulting from accidents caused by property owner negligence can be surprisingly serious. Follow your healthcare provider's treatment plan and instructions. Slip and fall accidents fall under a larger category of law called premises liability. When you hire us to help you recover damages after a personal injury, you will work with the same attorney throughout the legal process. If you are a business invitee, for example, if you are going to a store to make a purchase, the owner of that property has the duty to make the property safe for the invitees coming upon that property. Before we conclude your personal injury claim, we will wait until you have fully recovered from your injuries and your doctor has discharged you from treatment. As a result, property owners should be particularly vigilant in ensuring that the stairs on their premises are in good repair. Our firm looks closely into every aspect of your injury, demanding access to store incident reports and surveillance tapes and other potential evidence. This means that property owners are responsible for fixing dangerous conditions or placing adequate warning signals to prevent injuries stemming from known hazards on the property.
You may not be able to return to work. When a visitor is seriously injured due to an unsafe condition on the property, such as in supermarket or shopping mall accidents, the injured person may seek financial compensation for their injuries, out of pocket expenses, wage losses, bills, and other areas of damages. Commercial property owners have a legal duty to people who come onto their property in order to purchase their products or services. Loss of income, including future estimated loss earning potential, if you are temporarily or permanently disabled from work. Our firm has nearly 30 years of experience helping New Jersey residents get justice. Falls due to snow and ice. Regardless of the cause of your injury, it's easy to feel overwhelmed by the simple daily tasks associated with your physical recovery, let alone the legal hurdles ahead of you to get just and fair restitution. Collapse of balconies, porches, or raised decks.
While premises liability claims are typically filed against the owner of the property where you were injured, other parties may also have liability for the accident and your injuries.
We take claims involving all types of injuries sustained in a slip-and-fall accident, from soft tissue damage such as sprains or strains to serious and catastrophic losses, including brain or spinal cord injury, broken bones, paralysis, and amputation or loss of limb. Some cases are clear cut—if a staircase in a shopping center had been crumbling for months, the property owner would clearly be responsible for any injuries caused by the danger. There are many causes of a fall down accident that have to be evaluated promptly. To reach our downtown Philadelphia office, call 215-988-9800. If they did know about it, did they take the proper steps to appropriately warn visitors? To discuss your case, please contact us online or you can call our Linwood, NJ office at 609-957-6810. We handle all matters related to slip- and trip-and-fall injury claims, preparing and filing all required documentation, gathering and evaluating all relevant evidence and acting as your advocate in all proceedings, from depositions to settlement conferences to trial. When a hazardous condition occurs, property owners must post warning signs about the condition until it can be quickly and safely remedied. Construction hazards: Construction is unavoidable, but contractors and owners of premises have a duty to alert the public to potential dangers, including holes, live electrical wires, sharp objects, and more.
Drowning, paralyzing neck injuries, and broken limbs are often the tragic result of an owner's carelessness. Property owners are liable to those injured on their property if they did not comply with their legal obligation to keep their property in a safe condition. However, as indicated above, the duty owed by a property owner is also dependent on the status of the individual on the property, whether they be a business invitee, licensee, or trespasser. Then, they make low-ball settlement offers hoping you will accept their deal and not sue. The owner/possessor of the property has a duty to exercise ordinary care to ensure the premises is reasonably safe. Back and Spinal Cord Injury. When a property owner is negligent in maintaining his or her premises – a home or apartment building, a parking lot or garage, a shopping center or mall, a supermarket or pharmacy, etc. In cases involving permanent injuries, we will wait until your doctor states that you have achieved the maximum physical recovery expected. If you're looking for a great lawyer, give this one a chance; you won't regret it.
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