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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Premises liability refers to the legal responsibility of property owners to ensure a safe environment for visitors. When property owners fail to maintain their premises or neglect necessary safety measures, they can be held liable for accidents and injuries that occur as a result. Premises liability cases often involve slip and fall accidents, inadequate security, and other hazardous conditions that could have been prevented. Understanding premises liability is crucial for victims seeking compensation for injuries sustained on someone else’s property.
Slip and fall accidents occur when someone trips or slips due to hazardous conditions such as wet floors, icy sidewalks, uneven surfaces, or debris in walkways. These accidents can lead to severe injuries, including fractures, sprains, and head trauma. Property owners have a responsibility to regularly inspect and maintain their premises to prevent such accidents.
Inadequate security involves property owners failing to provide sufficient safety measures, leading to injuries from criminal activities like assaults, robberies, or vandalism. This can include insufficient lighting, lack of security personnel, or malfunctioning security systems. Property owners must take reasonable steps to protect visitors from foreseeable harm, especially in areas known for higher crime rates.
Owners can be held liable for injuries caused by their pets, particularly if the animal has a history of aggression. Dog bites and other animal attacks fall under premises liability if the owner did not properly restrain the animal or failed to warn visitors of potential dangers. Victims of such attacks may seek compensation for medical expenses, pain and suffering, and lost wages. Proper signage and restraints are crucial in preventing these incidents.
Swimming pool accidents can result in serious injuries or drowning, especially if safety measures are not followed. Property owners must secure their pools with appropriate fencing, locked gates, and clear signage. They are also responsible for maintaining the pool area and ensuring safety equipment is available to prevent accidents. This includes regular inspections and adherence to local safety regulations to prevent slip and falls or entrapments.
Retail store accidents often involve slips, trips, and falls due to poorly maintained floors, spilled liquids, or improperly stacked merchandise. Store owners have a duty to inspect and maintain their premises regularly to prevent such hazards. Failure to address these risks can result in liability for injuries sustained by customers, which may include compensation for medical bills, rehabilitation costs, and lost income.
Elevator and escalator accidents can occur due to mechanical failures, poor maintenance, or improper installation. Property owners are responsible for ensuring that these systems are regularly inspected and maintained to prevent malfunctions that could cause injuries. This includes adherence to safety codes and prompt repairs to avoid accidents like sudden stops, entrapment, or falls.
Toxic exposure cases involve property owners failing to address harmful substances like mold, asbestos, or chemical leaks. Prolonged exposure to these substances can cause severe health issues, including respiratory problems, skin conditions, or even cancer. Property owners must ensure their premises are free from toxic hazards and take immediate action if such dangers are identified, such as proper containment and cleanup procedures.
Structural defects include issues like faulty staircases, collapsing ceilings, or weak railings. These hazards can lead to severe injuries or fatalities. Property owners must ensure that buildings and structures are sound and regularly inspected for potential risks. This involves compliance with building codes and performing necessary repairs to prevent accidents from structural failures.
Fires and electrical hazards can result from faulty wiring, lack of fire alarms, or poor maintenance. Property owners must implement adequate fire safety measures, ensure proper electrical installations, and conduct regular inspections to prevent such hazards. This includes having functional smoke detectors, fire extinguishers, and clear evacuation plans to minimize risks and ensure safety in case of an emergency.
To establish a premises liability claim, the plaintiff must prove that the property owner owed them a duty of care. This means that the property owner had a legal obligation to maintain a safe environment for visitors. The level of care depends on the visitor’s status (invitee, licensee, or trespasser).
Once the duty of care is established, the plaintiff must demonstrate that the property owner breached this duty. A breach occurs when the owner fails to address known hazards or should have reasonably known about the dangerous condition and neglected to fix it or provide adequate warnings.
The plaintiff must show that the breach of duty directly caused their injuries. This involves proving that the hazardous condition was the primary cause of the accident and that the injuries sustained were a direct result of this condition. Additionally, the plaintiff must provide evidence of the damages incurred, such as medical bills, lost wages, and pain and suffering.
The Epstein Law Firm offers a thorough case evaluation to determine the validity of a premises liability claim. This initial consultation helps identify the legal grounds for the case and potential strategies for pursuing compensation.
Our legal team conducts a comprehensive investigation to gather crucial evidence, such as photographs, witness statements, and maintenance records. This process ensures a robust foundation for the claim, highlighting the property owner’s negligence.
The Epstein Law Firm is skilled in both negotiation and litigation. They strive to reach fair settlements through negotiation but are fully prepared to take cases to court if necessary. Their experience in premises liability law ensures clients receive strong representation and the best possible outcome.
The Epstein Law Firm is conveniently located in Rochelle Park, NJ, making it accessible for clients throughout the area. Our address, phone number, and email are available for clients to reach out for any legal inquiries or to schedule appointments. The website provides comprehensive contact information for easy access.
The Epstein Law Firm offers free initial consultations to evaluate potential premises liability cases. Clients can schedule a case evaluation through our website, by phone, or by visiting their office in Rochelle Park. This initial consultation helps clients understand their legal options and the potential for pursuing compensation.
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.
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.
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
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.
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.
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.
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.
In most cases, you will be able to obtain compensation for medical bills, lost wages, permanent or temporary disability, and for pain and suffering.
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.
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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The Epstein Law Firm
The Epstein Law Firm