You never enter a store, restaurant or even a friend’s house expecting to be hurt by something dangerous that you encounter.  Practically, you have no way to know whether others are keeping their property safe by conducting regular maintenance or warning of dangerous conditions.  Premises liability is a legal theory that gives you the right to financial compensation when you get hurt because of hazards on someone else’s property.

At The Epstein Law Firm, P.A., our top-rated New Jersey premises liability lawyers work to help clients recover fair compensation when they are hurt while visiting someone else’s property. Proving that someone else was liable under premises liability law can be difficult. With over 120 years’ experience, our lawyers have the insight and legal skills needed to get the most compensation available.

We will listen to what happened and provide options for pursuing an insurance claim or personal injury lawsuit to get fair compensation in your case.

How Our New Jersey Premises Liability Lawyers Recover Financial Compensation Based on Premises Liability

Before attempting to negotiate a settlement with the property owner’s insurance company, it is important to understand your legal rights.  Premises liability provides the legal basis for your right to compensation anytime you were injured by something on someone else’s property. Commonly, these cases arise when someone is hurt in a slip and fall accident or because the owner provided negligent security.

You may be entitled to financial compensation under New Jersey premises liability laws if:

  • The property owner either knew about the danger or reasonably should have known about the danger
  • The property owner failed to adequately warn others of the danger, whether by putting up warning signs, protective tape or blocking off the area
  • The danger existed for a period of time that was long enough that a reasonable person would have either fixed the danger or placed warnings to protect others
  • You suffered an injury that was directly caused by the presence of the dangerous condition.

Every single property owner in New Jersey owes you a duty to keep their property reasonably safe (or warn of dangers).  However, that duty varies in degree depending upon why you were on the property. The required level of care varies based upon whether you were:

  • Business invitee.  A “business Invitee” is the name given to people who were on the premises for some type of commercial business.  Customers in grocery stores and shopping malls, for example, are business invitees. Property owners owe business invitees the highest degree of care, which includes keeping the property safe, placing adequate warnings and even conducting reasonable inspections to locate hidden dangers.
  • A licensee.  Licensees are people who are permitted to be on the property, usually for some type of social purposes (for example, guests at a party held in a private home are “licensees”).  Private property owners have a duty to make property safe for guests (and warn of risks) as long as the property owner reasonably should have known of the danger if the guests had no reason to know about the danger.
  • A trespasser.  Trespassers are owed the least substantial duty of care.  Property owners only have the basic duty to refrain from intentionally harming a trespasser.

Examples of Premises Liability Claims

At The Epstein Law Firm, P.A. our Property Injury Attorneys in Rochelle Park, NJ provide comprehensive legal help to our clients regardless of how you were hurt. Common examples of accidents and situations where premises liability applies include:

  • A landlord or store owner knew the property was situated in a dangerous area and failed to provide reasonable security to keep visitors safe
  • A property owner failed to remove accumulated snow or ice within a reasonable time frame
  • Slip and fall accidents caused by worn carpeting or obstacles in a store, restaurant or shopping mall
  • Trip and fall accidents caused by raised sidewalks, broken curbs, and height differentials between walking areas
  • Parking lot accidents and assault, caused by inadequate lighting, failure to fix potholes or failure to provide security
  • Swimming pool accidents caused by failure to adequately secure the pool
  • Apartment and Home Accidents caused by a homeowner or landlord who failed to fix damaged guardrails on staircases, install proper lighting or fix the locks on a door.
  • Bar Restaurant Accidents resulting from the establishment’s negligence to keep their property safe for their customers and employees.
  • A store or business owner’s failure to secure objects stored at heights, which can cause crush injuries to customers and employees below
  • Playground & Gym Accidents caused by dangerous, faulty, broken or collapsing equipment
  • Sports & Recreation Accidents due to dangerous property conditions or forced participation in a game after suffering an injury

When you are hurt on someone else’s property, your injuries can range from mild to catastrophic.  Our New Jersey premises liability lawyers fight to win compensation that fully reflects the extent of your injuries. Whether you have suffered a serious head injury, broken bones or lost a loved one to drowning, you may be entitled to the following types of compensation in a premises liability case:

  • All medical expenses, including the cost of future ongoing care
  • In-home care and in-home modifications to accommodate your injury
  • Lost wages while you recover
  • Future lost earning potential
  • Pain and suffering
  • Emotional suffering
  • Loss of your loved one’s company or financial support
  • Any out-of-pocket expenses related to your injury, including travel expenses, childcare expenses and more

Contact Our Experienced New Jersey Premises Liability Lawyers at The Epstein Law Firm, P.A. Today

The Epstein Law Firm, P.A., our injury lawyers have earned a reputation among both judges and insurance companies.  We know how to build a winning case to get results for our clients. If you were hurt on someone else’s property in New Jersey and have questions, call our experienced New Jersey premises liability lawyers for a free case review today.

Contact Us To Discuss Your Injury Claim

To speak to one of our Property Injury Attorneys in Rochelle Park, NJ, please call our office in Rochelle Park at 201-231-7847 or contact us online. We accept personal injury cases on a contingency fee basis, which means we only collect fees if we successfully obtain compensation for you.

Frequently Asked Questions About Premises Liability Claims 

If you are injured on someone else’s property, you may be able to file a premises liability claim if your injuries resulted from property owner negligence. Premises liability cases are complex, however, and often require legal advice and guidance. At The Epstein Law Firm, our dedicated Hackensack personal injury lawyers have helped many of our clients to hold property owners liable for their injuries.

Below are some common questions people have about premises liability cases.

What is premises liability?

Premises liability holds property owners and occupiers legally responsible for keeping property safe and free of hazards. As such, they may be held liable for accidents and injuries that occur on their property if they are found to be negligent.

What are some examples of premises liability accidents?

A wide range of circumstances fall under premises liability, including:

– Slip and falls on icy or slick surfaces
– Trip and falls on uneven sidewalks or stairs, unsecured flooring, loose handrails, or due to poor lighting
– Dog and animal bites
– Accidents at bars and restaurants
– Accidents at shopping centers, malls or grocery stores
– Accidents at swimming pools or recreational areas
– Exposure to toxic chemicals or hazardous electrical units
– Criminal activity

What is the time limit that applies for filing a premises liability lawsuit in New Jersey.

Premises liability lawsuits must be filed within two years from the date of the accident.  Practically, our lawyers will usually file an insurance claim much sooner than that. It is important to go to work quickly in premises liability cases, however, to get the basic evidence and photographs that we need to establish liability.  If the property owner quickly fixes the danger, it can be more difficult to prove that it existed and caused your accident.

I fell on an icy sidewalk on someone else’s property. Did they have a duty to salt or place warnings about the ice?

The basic question that applies in snow & ice-related injury cases was whether the property owner’s actions were reasonable.  Timing is important here. If the property owner had enough time to become aware of the icy condition and did nothing to warn you or mitigate the condition, they might be liable for compensation.  The type of property owner can also influence the “reasonable person” analysis. Business owners have a duty to inspect to find icy conditions, where homeowners have a more limited duty.

When I reported the accident, the property owner said that I should have been aware that conditions were dangerous. Can I still recover compensation?

Yes.  In New Jersey, you may be entitled to recover compensation as long as you were no more than 50% responsible for the accident.  Assigning degree of fault becomes extremely important in these cases. Our skilled lawyers will investigate to build a strong case to protect your right to fair compensation.

How is fault proven in premises liability cases?

To recover damages in a premises liability case, you must show that the negligence of the owner or occupier of the property caused the accident to occur. To do this, it must be proven that the property owner or occupier knew about the hazardous condition, had an opportunity to remedy it and failed to do so within a reasonable timeframe. The best way to build your case is with help from an experienced premises liability lawyer.

What damages can be recovered?

In most cases, you will be able to obtain compensation for medical bills, lost wages, permanent or temporary disability, and for pain and suffering.

Testimonials

I used The Epstein Law Firm just recently. They are filled with the most professional, understanding people. They all work together to help you win your case. They won’t steer you in the wrong direction ever. My case had to go to trial and Barry Epstein is an awesome trial lawyer. Just watching him in action is something to see. I love everyone in this law firm. They treat you as if you are family. April Gilmore, wow, I can’t say enough about her. She was my rock for three years. She is very intelligent and so sympathetic to my needs. She did everything in her power to help me along the way until the trial. She just is such an awesome lawyer and an especially awesome person. I give this law firm a thumbs up. I would definitely use this law firm again.

Allison M.

Barry and Michael are both extremely professional, courteous and hardworking. I have recommended them to family and friends in the past and will continue to do so in the future as I know they will be in the best of hands with The Epstein Law Firm.

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