The owner or manager of a property is obligated to keep that property safe for use. If you have been injured on a commercial property, you will find it in your best interest to CONTACT a New Jersey premises liability lawyer about your injury.
Most premises liability issues concern slip and fall events. However, there are other issues that are directly connected to premises liability. Any injuries you receive on a commercial property, including in apartment complexes, are the responsibility of the property owner or management.
YOU DON’T PAY UNTIL WE WIN. If you are worried about contacting an attorney about your injury because of the legal fees, don’t worry. We work on a contingency basis, and you will not incur any legal charges until your case is settled.
The Most Common Types Of Injuries In New Jersey Premises Liability Cases
Premises liability cases cover any and all injuries that occur when a person is on a commercial property. The most common types of these accidents include:
Slip and Fall
A slip and fall can happen to anyone and at any time. The weather does not have to be wet or icy for a slip and fall to occur. Wet flooring is only a portion of the reasons that can cause a slip and fall. Some reasons that slip and falls happen includes:
- Wet, slippery or icy walkways and floors
- Loose rugs or tile
- Broken tile
- Cracks or holes in the pavement
- Cracks or holes in asphalt
- Walkways filled with debris or too crowded to pass safely
- Dimly lit areas
Stairwells and staircases must be adequately maintained for them to remain safe for use. Common reasons for people to be injured in a stairwell accident include:
- Poorly lit area
- Loose or missing handrails
- Steps do not have non-skid coverings
- Steps are cluttered with debris
Stores, warehouses and all businesses that have shelving in areas where the public has access have a potential for falling objects. Shelves that are not secured to the wall properly or are overstocked present a danger. Boxes or other objects stacked high in walkway areas are also a risk t anyone who walks past them,
The use of extension cords or other electrical cords must be appropriately covered in all commercial areas. This applies to work areas as well as those where the public has access. Electrical units that have the potential to shock people must be marked as dangerous in a manner that everyone can understand.
Poorly Lit Areas – Criminal Activity
If you are injured by criminal activity on a commercial property, you may be able t seek compensation under premises liability. You would have to show that the property was maintained in a way, such as being poorly lit – especially by the dumpster area, overgrown hedges, or similar conditions, that allowed the criminal to hide and perform their attack.
What To Do If You Are Injured On A Commercial Property in New Jersey
Proving that you were injured in a premises liability case depends on the actions that you take right after the event. It is crucial to use this guideline if you are ever involved in a premises liability case.
- Report Accident Immediately. The first thing that you must do is make a report with the property owner or manager. If possible, remain where you are and allow them to come to you. If there are witnesses, ask them to remain so that their information can be gathered. If you have your phone, start taking pictures of everything in the vicinity of where the accident happened.
- Seek Medical Care. Even if you think that the injuries are minor, you want to be evaluated by a physician. Adrenaline levels are very high in the body when an accident occurs, and many people do not distinguish the pain of an injury from being upset or embarrassed by the event. Fractures, whiplash and head injuries often do not have instant symptoms.
- Take Pictures. If you cannot take pictures yourself at the scene of the event, ask a loved one to go back to the place where it happened and take pictures as soon as possible after the accident. Many property managers will quickly fix the problem that caused the event.
- Talk to an Attorney. You will want to contact an attorney as soon as your injuries are stabilized. Premises accidents can quickly become complicated, and you will need an attorney to protect your rights.
New Jersey Premises Liability LAwyers Proving Their Case
It is the burden of the injured party to show that the injury that they received was a direct result of the property owners negligent actions. The two main factors that must be considered are:
• Was there a dangerous condition on the property that the owner should have known about?
• Would a reasonable property owner/manager have found this danger and fixed it prior to anyone getting hurt?
For a premises liability case to be valid, there must be a dangerous condition present that was not obvious or easy to avoid and that a reasonable person would not have anticipated to be there.
For example, if you enter into a movie theater right before the show starts and use the stairs to find a seat, a reasonable person would assume that the stairs are safe and that the railing is securely mounted for them to use as a guide in the darkened theater. If one of the stairs were broken in some manner, cluttered with debris, or the railing pulled loose causing you to fall, that would be an unexpected dangerous condition.
Defining A Reasonable Property Owner
A reasonable property owner would have a plan in place to address all concerns with their property for safety reasons. Using the above example, the movie theater may have in place employees that check the stairs for debris after each show and a checklist to check their condition, including that of the handrail, at least once daily.
To determine if the property owner was reasonable or negligent, your New Jersey premises liability attorney will strive to answer the following questions:
- Did the hazard or danger on the property exist long enough that the property owner or management team would be aware of its existence yet failed to make the necessary repairs?
- Was there a legitimate reason for the hazard to be present, such as a wet floor near the door entrance when it is raining? And if so, was there any action in place to make this area safer?
- Was there a reason that the dangerous area was left this way? And if so, why?
- Was there a plan in place to keep the property safe, such as not stacking boxes more than five high, and if so, why was it not being followed?
- Was there a plan in place to check the premises for dangers regularly and can the owner/manager provide proof of those checks?
- Could the property owner use safety equipment, warning signs or created some type of barrier to prevent guests of the property from gaining access to this dangerous are?
- Did the property owner violate the law? ***
*** If your injury stems from a building or safety code violation, the building owner can be held responsible for negligence. Your attorney will verify that all building and safety codes were being adhered to at the time of your accident.
Can I Sue My Landlord For A Premises Liability Injury?
The landlord/tenant relationship is very complicated, and there are many laws and regulations surrounding this type of agreement. However, if you are in an apartment complex, your landlord is responsible for maintaining the common areas of the complex. This includes laundry areas and the areas around the dumpsters.
The landlord has an obligation to keep these areas clear of debris and safe to walk. They also have the responsibility to keep areas like the dumpster area, laundry area and playground/pool area safe for use. This includes keeping them well lit at night and not surrounded by large bushes or other areas where criminals can lie in wait.
If you have been injured in your apartment complex, it is essential that you speak with a NJ personal injury attorney about your rights to seek compensation from the landlord.
What If I Was Injured At An AirBnB in New Jersey?
The popularity of AirBnB has continued to increase over the last few years and has quickly become a popular way to travel the world. Renting a home in the area, you are visiting is often less expensive than a hotel or resort and gives the visitor a real sense of being in the area.
Anyone who has rented a room or a home through AirBnB is covered by their Guest Insurance Policy. Host families carry a policy on their guests as part of their commitment to the program. If you are injured in one of these homes, you can sue for compensation against this policy.
Everyone who travels this way should make sure that the company they use for reserving homes or rooms in private homes for travel arrangements provides this type of protection to their guests.
What Types Of Compensation Are Available For NJ Premises Liability Injuries?
If you have suffered a personal injury, you are entitled to seek compensation from the responsible party for your losses. Also referred to as damages, injury victims have the right to seek economic and non-economic compensation.
Your New Jersey premises liability attorney will request compensation in one or more of the following areas:
- Lost Wages and Benefits. Your attorney will demand that any and all wages and benefits that you lost due to the accident are recovered. This includes wages, benefits paid by your employer and other employer-sponsored parks like profit sharing.
- Future Earning Capacity. If your injuries will cause you to change careers or if you cannot return to work, your attorney will request damages for your lost future earning capacity. This type of damage is based on your current earning capacity and age.
- Medical Costs. All of the medical bills that are associated with your injury must be covered by the responsible party. Future medical costs will also be added if it is anticipated that you will need future treatments or continued care.
- Cost of Services. If you had to pay for special transportation to your medical appointments, purchase over the counter supplies recommended by your care provider, or pay for services that you normally do around your home but are currently unable to because of the injury, your lawyer would include this in your compensation.
- Pain and Suffering. This is non-economic damage that will be based on the facts of your case and the type of injuries that you received. Your attorney will work closely with a medical care provider to determine a fair compensation amount for this type of damage.
- Emotional Trauma. This is very similar to pain and suffering and will be handled in the same manner.
- Loss of Consortium and Companionship. If the injury has altered the way you interact with your spouse and family, your attorney will claim for these damages.
Additional damages may be available to you based on the facts of your case. Your attorney will explain to you all the forms of compensation that you are entitled to under the law and the value that they are seeking from the responsible party based on the facts of your case.
Speak To A New Jersey Premises Liability Attorney
If you have been injured in any way while you are on a commercial property, you are encouraged to speak with a premises liability attorney. Premises liability cases can quickly become complicated because the injured party must prove that the owner knew of the danger and did nothing. Complicated, however, does not mean impossible.
NO FEES UNLESS WE WIN. We are so confident that we can effectively represent your case that we will work on a contingency basis. This means that there are o up-front legal expenses for you as you pursue compensation. We will not collect any fees until we win.
Premises injuries are often caused by dangers that are quickly fixed after your injury occurred. It is imperative to speak with an attorney as soon as possible after you were injured so that your attorney can build a solid case. CALL FOR A FREE CONSULTATION today and speak with a New Jersey premises liability lawyer about your case.