Premises Liability

Premises Liability

Property owners and managers have a legal obligation to keep their premises safe for visitors. When they don’t, they open themselves up to a premises liability lawsuit. If you’re hurt because of a property owner’s negligence, call the best New Jersey premises liability lawyer at RAM Law. The personal injury lawyers at RAM Law represent the most effective premises liability law firm in the state.

What Are Premises Liability Accidents?

Premises liability refers to the legal responsibility of property owners or occupiers to keep their premises safe for visitors and guests and to alert visitors about any potential hazards. If someone is hurt on another person’s property as a result of negligence in maintaining safe conditions or failing to warn of hazards, the property owner or occupier may be held accountable for the injuries suffered.

Common places where premises liability comes into play are amusement parks and public and private swimming pools. Property owners owe a duty of care to both guests and visitors. Duty of care means that a property owner has the obligation to be reasonably cautious and prudent. Injuries from premises liability incidents vary significantly. Accidents may involve minor or catastrophic injuries, such as:

  • Broken bones and fractures
  • Head and brain injuries
  • Spinal cord injuries
  • Burns
  • Electrocution
  • Cuts and lacerations
  • Soft tissue Injuries
  • Psychological trauma
  • Death

If you’re on someone’s property and were injured because of their negligence, you may be entitled to a duty of care claim. To ensure you’re aware of your legal rights, you need an experienced premises liability lawyer, so he can help you make a personal injury claim. RAM Law is a premises liability law firm in New Jersey that understands the various legal intricacies of premises liability law in your area.

Which Legal Claims Can My New Jersey Premises Liability Lawyer Handle?

Premises liability can be applied to several areas; some of the most common situations that come under the category that your NJ personal injury attorney undertakes include:

  • Slip and fall accidents. This area of liability occurs when you fall due to slippery or uneven surfaces, such as damp floors, frozen sidewalks or uneven pavement that the owner should have cleared.
  • Negligent security. Incidents in which poor security measures cause injury to visitors, such as assaults, robberies, or other criminal acts may have been avoided if the property owner sufficiently secured the area.
  • Dog bites. Dog bites caused by a property owner’s dog may be eligible for premises liability claims if the owner knew or should have known the dog was dangerous.
  • Electrocution injuries. Property owners are accountable for faulty wiring, exposed electrical components that cause harm, and failure to provide safety measures or warnings to visitors.
  • Pedestrian accidents. Property owners oversee walkway safety and are accountable for slips, trips and falls on sidewalks, parking lots and nearby areas.
  • Falling things. Accidents in which objects fall from shelves, balconies, or other elevated surfaces onto guests or pedestrians may be eligible for this type of claim if the incident could have been avoided with proper foresight.
  • Construction accidents. Premises liability covers visitors to sites that aren’t clearly labeled as unsafe; and the liability extends to visitors, contractors and employees who are working.
  • Elevator and escalator accidents. Injuries caused by malfunctioning elevators or escalators are covered under these laws.
  • Toxic chemicals. Harm caused by exposure to dangerous elements on the premises, such as lead paint, mold or chemicals when not clearly marked as hazardous.
  • Road accidents. Accidents involving scootersmotorcyclesbicyclescars and trucks may come under premises liability if they occur on property owned or controlled by another party who was negligent with signage or upkeep.

Slip and fall accidents are the most common types and can occur in a variety of locations, including retail establishments, restaurants and office buildings. Slip and fall accidents in the United States account for more than one million emergency room visits each year. According to the National Floor Safety Institute, slips and falls cause more than eight million hospital emergency department visits each year.

Slip and fall accidents are commonly litigated because they often lead to a wide range of injuries and are usually simple to establish culpability when negligence is demonstrated. So speak with a skilled New Jersey premises liability lawyer who understands the exact deadlines and exceptions that may apply to your case.

What Legal Options Do I Have After a Premises Liability Issue?

Understanding your rights and the legal process in New Jersey is important for taking the appropriate action. If you were hurt on someone else’s property as a result of negligence, you have many legal options, such as:

  • Filing a lawsuit. You have two years from the date of your accident to file a premises liability lawsuit.
  • Negotiating a settlement. Your premises liability lawyer aims to reach an agreement with the property owner’s insurer before launching a court case.
  • Going into mediation. A skillful New Jersey premises liability lawyer often can get speedier conflict settlements through mediation methods.

In New Jersey, comparative negligence is used in personal injury cases including premises liability claims. Comparative negligence works in New Jersey in a variety of ways, including:

  • Modified comparative negligence. This allows you to recover a partial settlement, with compensation based on the percentage of fault.
  • 51 percent bar rule. If 51 percent or more is your fault, recovery is impossible. If the percentage is less than 50 percent, remuneration is proportionally reduced.
  • Impact on compensation. For example, if you’re found to be 20 percent at blame in a $10,000 case, your compensation will be $8,000 after the deduction.

The type and extent of your injuries, as well as the facts of your case, determine the specific medical benefits you may be eligible for. If you were injured because of another person’s negligence, you may be eligible for a variety of medical benefits, including:

  • Medical expenses. Covers all treatment costs, providing financial peace of mind during recovery.
  • Future medical costs. Provides for your ongoing medical needs after the initial treatment.
  • Medical equipment. Compensates fees for medical devices that aid in recovery and daily life.
  • Home healthcare. Covers in-home assistance to increase comfort and convenience.
  • Transportation costs. Compensates travel expenses for medical appointments.
  • Adaptive devices. Includes charges that ensure independence and quality of life.
  • Lost wages. Compensates profits lost during recovery.
  • Loss of earning capacity. Compensation for lost future earnings owing to permanent injuries.

How Can an Experienced Premises Liability Attorney Near Me Help?

An experienced premises liability lawyer serves as your legal representation, working to protect your interests and get the best outcome in your case. They can help in many ways, such as:

  • Navigating legal procedures with ease
  • Gathering evidence and estimating liabilities to develop a compelling case
  • Negotiating fair settlements with insurance companies and defense lawyers
  • Representing you in court if necessary, providing facts and persuasively arguing your case
  • Handling every aspect of your case so you can concentrate on recovery
  • Evaluating damages to ensure you receive the most compensation
  • Providing specific guidance and keeping you updated throughout the process

A premises liability case is decided by determining whether the property owner or manager acted negligently and if that negligence contributed to your injury. And it’s your New Jersey premises liability law firm that sets out to prove that point to insurers and to the courts. Contact RAM Law for the most effective premises liability attorney near me in central New Jersey.

 

Sources:

https://www.teamlaw.com/premisess-liability/

https://www.njatty.com/premisess-liability/

https://www.njadvocates.com/premisess-liability/

https://www.nolo.com/legal-encyclopedia/what-premisess-liability.html

https://www.justia.com/injury/premisess-liability/

https://www.johnfoy.com/faqs/what-is-a-premisess-liability-case/

https://www.forbes.com/advisor/legal/personal-injury/premisess-liability/

https://www.grungolaw.com/new-jersey-premisess-liability-lawyer/requirements/

https://www.sussmanandsimcox.com/blog/5-examples-of-premisess-liability-accidents-sussman-amp-simcox.cfm

https://www.gbw.law/blog/2022/june/3-examples-of-premisess-liability-cases/

 

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