Jersey City Premises Liability Lawyers
We are a team of highly skilled personal injury attorneys. If you have a bodily injury legal issue in or around Jersey City, New Jersey, we can help. Call us today for a free consultation.
Jersey City Premises Liability Lawyers
Property owners and managers are responsible for ensuring their locations are free of hazards that can lead to injuries and even fatalities. Although some accidents may be impossible for them to predict, they have to do everything reasonably possible to keep you safe. This responsibility affects any kind of property.
If you have had an accident on someone’s property and believe the injuries you received could have been avoided, the owner or manager can be liable. Your best option is to turn to Jersey City premises liability lawyers like Garces, Grabler & LeBrocq.
What Is Premises Liability?
Premises liability is a type of law that governs personal injury claims arising from someone receiving an injury on another person’s property. All types of properties apply. It’s important to understand that owners are not always liable for accidents, but there are circumstances in which the law sees them as responsible.
Premises liability could affect anyone who has people on their property for any reason and at any time. That includes homeowners, jail owners, hotel owners, government landowners, and more. There have been instances when trespassers have been able to claim damages as well.
Even property that is not expressly made or purchased to entertain visitors has to be reasonably safe if there are visitors on it. New Jersey recognizes a few different types of visitors a property may have for the purposes of premises liability.
INVITEES
One of these types is an invitee. An invitee is a person who is on a property by implied or stated invitation, generally for the purposes of doing business of some kind.
One example of invitees is shoppers, who come onto a property for the express purpose of doing business and are financially beneficial to the property owner. Because of this benefit and because visitors are likely the reason the property exists, owners have a steep duty of care.
Crucially, a visitor doesn’t have to make a purchase or even intend to make a purchase for premises liability laws to apply to their case.
LICENSEES
Licensees are another type of visitor. They are generally social guests who have permission from the property owner to enter. Friends and family are examples of licensees. One crucial aspect of licensees is that they are not the sole purpose of the property’s existence.
Property owners have to warn licensees of any potential dangers they know about that their guests will probably not notice on their own. Keep in mind that property owners don’t have to go out of their way to find and point out hazards to licensees.
TRESPASSERS
The third kind of visitor a property may have is trespassers. New Jersey sees trespassers as people who’ve not been invited or welcomed to the property. Trespassers can be people who are taking shortcuts through a yard or are exploring someone’s property despite seeing signs that forbid them from doing so.
Trespassers are people the landowner has no reason to expect and who they don’t want to see on their property. In New Jersey, the owner of a property doesn’t owe a trespasser much protection. They only have to avoid any acts that can be seen as intentionally harmful.
Landowners also have to warn trespassers of any artificial conditions on the property that are dangerous or life-threatening. One example of this is if the owner has a high-voltage electrical transformer on their property.
Landowners have a slightly more significant duty of care toward trespassers who are children. This is especially so if the owner knows that children are likely to trespass and that certain conditions on the property could lead to serious injuries or death.
Another important factor in these kinds of cases is if the owner could have eliminated the danger without too much trouble and chose not to. A good example is a pool. A landowner who has a pool could reasonably suspect that children will be attracted to it, so they need to take the step to erect a fence and prevent accidents.
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Types Of Premises Liability Claims In Jersey City
A property owner could be subject to a few different types of premises liability claims in Jersey City. To know if your situation applies, make sure to reach out to Jersey City premises liability lawyers.
Slip-and-Fall Accidents
These are some of the most common types of premises liability claims throughout the country. Slip-and-fall accidents occur when someone trips, slips, or falls while on someone else’s property. An average of 8 million emergency room visits each year are a result of slips and falls.
Some common causes of slip-and-fall accidents are:
- Wet floors
- Potholes
- Insufficient lighting
- Uneven or cracked pavement
- Obstructions blocking pathway
- Poorly maintained stairs
- Bunched-up rugs or carpets
- Tripping hazards
If a property owner fails to properly warn guests or fix the hazard, they may be held liable for injuries and other damages.
Negligent Security Accidents
If a property didn’t have adequate security and you were hurt in any way because of this, you could have a premises liability claim. Some common causes of these kinds of accidents include:
- Broken locks
- Not enough security personnel
- Inadequate lighting
- Open gates
- Lack of electronic security
- Inadequate background checks on contractors or employees
Violent acts can occur anywhere, so owners of hotels, malls, parking lots, and any other type of business must take precautions to keep their visitors safe.
Grocery Store Accidents
A grocery store owner has to ensure the store is safe for all visitors. If there are wet floors, they must be clearly marked. There can’t be items blocking the path of customers that could be tripping hazards.
Falling objects are another cause of injuries in grocery store accidents. If you reach for an item on the top shelf and many items collapse on your head, you could sustain severe injuries.
Some causes of grocery store accidents include:
- Aisle obstructions
- Damaged shopping carts
- Missing or improperly positioned floor mats
- Defective doors
Accidents can also occur in the parking lot. A visitor could be hit by a shopping cart, or they could be assaulted if there’s not enough security.
Collapsing Structure
The collapse of any kind of structure, including ceilings and roofs, can result in serious injuries. Collapses can occur for all manner of reasons, including weather, property damage, and more. Because it’s the responsibility of the property owner to conduct regular checks, liability usually falls on them.
Dog Bite Claims
Dog bites can also fall under premises liability. New Jersey has a strict liability law toward dog bites, which means that liability does not depend on proving negligence or intent to harm.
If a dog bites you while you’re visiting someone else’s property, either as a licensee or invitee, you may be able to claim damages.
Possible Injuries Received in Premises Liability Cases
- Slip-and-fall accidents are the most common type of premises liability claims, and they can also cause some of the most severe injuries.
- Broken bones can lead to significant pain and require the use of devices like crutches or even wheelchairs. The severity of the fracture will dictate how long the recovery process will be and whether you’ll need physical therapy.
- Concussions are the mildest form of traumatic brain injuries, and they can disrupt your life significantly. If the injury is more severe, you could face issues with cognitive function, mobility, and much more. Generally, this type of claim can earn you compensation.
- Bruises are not generally considered to be serious injuries, but it’s still essential to get medical treatment to ensure the bruise isn’t a sign of something else. Many times, bruising points to internal bleeding and other damages that can require medical care.
- Electric shocks can be another concern and could lead to internal burns, organ damage, and even death. They typically occur because of faulty wiring or a lack of warning signs alerting people of the danger of electrocution.
- Cuts and other types of open wounds could occur if you come across a sharp object, like glass. These can require a hospital visit and even stitches if they’re severe enough.
- Spinal cord injuries are another type of serious injury that can result from a fall, a collapsing structure, and many other kinds of accidents. Injuring your spinal cord puts you at a serious risk of paralysis. A partial or complete paralysis may lower your quality of life, making it impossible to do the things you loved to do or to even support yourself and your family.
The most severe of accidents can also result in death. Family members potentially have the right to seek wrongful death damages.
Building Your Premises Liability Case
If you’re filing a claim and want to have the best chance of getting compensation, you should have a personal injury lawyer by your side.
To prove your claim, you’ll have to show that the person at fault owned or occupied the property. Keep in mind that, in some instances, you could be filing a claim against an owner, while other times, it could be against a tenant. For instance, if you have an accident in a store that leases space from a shopping mall, you can most likely file a claim against the store.
You must also prove that the owner or tenant was negligent in maintaining the property. This isn’t always straightforward since you must show that the property was below the required standard of care. Your relationship with the owner is a factor in this step. If you are a customer at a store or other business, the owner has a greater obligation to maintain safe premises than a regular homeowner toward a visitor.
You must also show that you sustained an injury because of the owner’s negligence. The harm must have been directly caused by the person’s failure to meet their safety obligations. Additionally, you have to prove that you have sustained enough harm to receive compensation.
Because you have the burden of proving all these things, you will need to recover as much evidence as possible from the scene. Remember that New Jersey law still allows you to receive compensation if you were partly at fault. This is called modified comparative fault.
As long as your negligence isn’t greater than that of the owner, you can still receive some form of compensation.
The kind of evidence you will need to prove your claim can vary. You need to keep careful records of all of the medical care you receive as a result of the accident. If emergency medical personnel or the police were called, get the reports.
It’s also helpful to take pictures of where the accident occurred. If you can’t do this right after the accident because you need to get medical care, have someone else do it for you so that the owners don’t have the chance to make any changes. Take pictures of your injuries as well.
If there are witnesses, get contact information so that they can corroborate your claim if necessary.
Why Hire GGL?
The moment you legally step onto someone’s property, you have the right to safety. This is especially true if you are at the property for a commercial or business reason.
If you’ve been injured because the owner or tenant of the location didn’t take the right precautions for your safety, you can file a premises liability claim.
At Garces, Grabler & LeBrocq, we have over 30 years of experience helping people navigate personal injury claims. With a team of professionals who only focus on personal injury law, you get guidance you can depend on.
One of the reasons GGL stands apart is that we are one of the only multilingual personal injury law firms in the entire state. This allows us to offer help to both the Spanish and English-speaking communities in New Jersey.
We are a tenacious but compassionate law firm that strives to get you the compensation you deserve despite all the tactics insurance companies and defendants use. When you turn to us, you’ll be treated like family and kept in the loop about any changes to your claim.
We will do everything possible to get the right evidence to prove your claim and work with expert witnesses to recreate the accident, if necessary.
You shouldn’t have to suffer because of someone else’s negligence. If you’ve experienced injuries and other damages, we can help. Contact Garces, Grabler & LeBrocq today by calling 1-800-923-3456.
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Jersey City Premises Liability Lawyers
Address: 3000 John F. Kennedy Blvd. Suite 311 Jersey City, NJ 07306
Phone: (201) 695-1000
Open 24/7 365
Office:
8:30-6:00 Monday
8:30-6:00 Tuesday
8:30-6:00 Wednesday
8:30-6:00 Thursday
8:30-6:00 Friday
Recent GGL Wins
Medical Malpractice
A 30-year-old pregnant woman went into labor. The doctor failed to take proper steps in the baby’s delivery, making the mother wait in the hallway for ten hours while the baby’s heart rate began to drop. The baby was delivered via C-Section; he was blue from lack of oxygen resulting in Cerebral Palsy.
$14 Million
Verdict
Construction Accident
Mediation award resulting from an industrial explosion causing disfiguring burns and severe orthopedic injuries.
$7,8 Million
Verdict
Auto Accident
31-year-old man who was cut off by another car causing his car to flip over. He sustained head injuries, facial injuries, and half of his pinky finger was amputated.
$3 Million
Verdict
No Fee Unless
GGL Wins
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