Wrongful Death Premises Liability Accident Lawyers
Losing a loved one is never easy. Losing a loved one because a property owner was reckless or negligent only compounds your grief.
In the wake of a loss, it can be hard to summon the energy to just get through the day. However, if you take the first critical step of reaching out to the wrongful death premises liability accident lawyers at Garces, Grabler & LeBrocq, you may be able to recover compensation.
This compensation can’t erase the pain of your loss, and it can’t bring your loved one back. Still, it can help you cover expenses related to your loved one’s death and support you as you embark on the long journey of healing.
If you’ve lost a loved one because someone did not maintain safe premises, GGL might be able to help you. Call us at 800-923-3456 or get in touch online to set up a free consultation. There is no obligation, and if we take your case, there’s no fee unless we win.
No Fee Unless
GGL Wins
Common Causes of Premises Liability Wrongful Death Accidents
When most people think of premises liability lawsuits, they imagine slip-and-fall accidents. These accidents can lead to very serious injuries.
However, unsafe premises can result in death. These are some of the most common examples.
Swimming Pool Drownings
Swimming pools can be great for entertaining friends or just relaxing after work. Unfortunately, they can also be very dangerous.
Like most states, New Jersey requires swimming pool owners to take certain safety precautions — such as installing secure fencing — to prevent accidental drownings. However, not all pool owners follow these laws or maintain their pools properly. When that happens, deaths can occur.
Elevator Accidents
Most people take elevators every day without thinking about it. But if a building owner does not keep up with regular inspections and maintenance, serious malfunctions can happen. If an elevator cable breaks and an elevator suddenly drops down several floors, the impact can be fatal.
Fires
Property owners should take care to address fire hazards such as exposed wires and flammable chemicals. They should also install fire alarms, keep fire exits clear, and train employees on what to do when a fire happens.
When a property owner ignores their duties, a resulting fire can cause devastating injuries and deaths.
Construction Site Negligence
Every job has its risks, but the field of construction is especially dangerous. Construction site supervisors have a responsibility to keep the working environment safe.
A construction worker can suffer fatal injuries purely by accident, but often, these kinds of grave injuries happen because the responsible parties failed to protect workers from preventable harm.
Insufficient Security
Many property owners invest in professional security services to protect visitors, but some of them neglect this duty. Sometimes, that lack of security has devastating consequences.
For example, suppose that a hotel is located in a high-crime area, but the hotel has virtually no security protocols. One day, robbers break in and kill a guest during the course of the robbery.
In this case, the robbers would be criminally responsible for the person’s death. However, a court may determine that the hotel should have had more measures in place to protect its guests and that its lack of security directly contributed to the guest’s death.
Dog Attacks
Dog attacks can result in serious injuries, and some attacks are severe enough to be fatal. When someone owns a dog, they have a duty to protect other people from their animal. This is especially true if the dog’s owner knows the animal has aggressive tendencies.
However, New Jersey is a strict liability state when it comes to dog bites. This means that an owner is responsible for any injuries their dog inflicts, even if they had no reason to suspect the dog would bite.
Who Can File a Premises Liability Wrongful Death Claim?
The laws surrounding wrongful death cases can be confusing, especially when you’re just coming to terms with the loss. If you don’t have a legal background, you probably don’t know who is eligible to file a wrongful death claim.
In New Jersey, the only person who can file the claim is the deceased person’s personal representative or the executor of their estate.
If your loved one’s estate does not have an executor, our attorneys can help you through the steps you need to take to file a claim. It’s important to note that the person who files the claim is not always the person who will receive compensation if the claim is successful.
Spouses, children, siblings, nieces, nephews, and even surviving parents can seek damages through a wrongful death action.
However, to receive damages, you must be able to demonstrate that you were dependent on your deceased loved one. Your lawyer will help you determine whether you’re eligible to receive compensation from a wrongful death suit.
Proving Negligence in Wrongful Death Premises Liability Cases
For a premises liability wrongful death lawsuit to succeed, you must prove that the at-fault party was negligent.
Your attorney can assess your case and determine how to prove the at-fault party’s negligence. As they build the case, they will consider the following elements.
The Owner or Occupier Had a Duty of Care
“Duty of care” means that the property owner or occupant had a responsibility to you. In premises liability cases, this usually means a duty to maintain a safe environment.
For example, someone who operates a grocery store should try to ensure the floor is free of tripping hazards, the aisles are well-lit, and there are no exposed electrical wires that customers could accidentally touch.
The Owner or Occupier Breached That Duty
“Breach of duty” in premises liability cases means that even though the owner or occupier of a property had a responsibility to maintain a safe environment, they failed to do so.
Property owners and managers might breach their duty of care in two different ways: They create conditions that are dangerous, or they fail to warn visitors about an existing hazard.
For example, imagine you’re visiting a golf course. Because of a recent storm, the golf course has developed a massive hole in the ground. The golf course owner may not be able to fix the hole right away, but they do have an obligation to warn you and other golfers while they wait to have the hole fixed.
This warning may involve surrounding the hole with caution tape and including a warning sign. In this way, the golf course owner has fulfilled their duty to warn visitors of a dangerous condition.
In contrast, the owner or occupier has likely violated their duty of care if there are hazards present that they reasonably should have known about and they took no steps to warn visitors about or protect them from those hazards.
That Violation Directly Caused Your Loved One’s Death
To win a wrongful death or personal injury lawsuit, you also must be able to prove the property owner violated their duty of care which directly caused your injuries.
For example, imagine that a store’s floor is severely cracked and has multiple tripping hazards. One day, a customer at the store has a sudden heart attack and passes away.
The store owner may have violated their duty of care to their customers by not addressing the tripping hazards. However, because these hazards did not cause the customer’s heart attack, a wrongful death case would likely be unsuccessful.
Most wrongful death lawsuits are not as clear-cut as this example. Experienced wrongful death premises liability accident lawyers can examine your circumstances and discuss whether you have a viable case.
You Suffered Losses Because of Your Loved One’s Death
Succeeding in a wrongful death action in New Jersey requires showing that you have monetary losses because of your loved one’s passing. Those losses might include the following:
- Medical bills
- Funeral costs
- Loss of your loved one’s future earnings
When you’re suffering from the absence of someone you loved, thinking about the loss in terms of money might be incredibly difficult.
At Garces, Grabler & LeBrocq, we understand no amount of money can replace what you’ve lost. Filing a wrongful death lawsuit isn’t about replacing your loved one; it’s about honoring their memory by holding other people accountable for extreme negligence.
When Owners and Occupiers May Not Be Liable
In many cases, the property owner or occupant can be held liable for injuries or deaths on their property. However, there are some exceptions.
If the Injured Person Was Negligent
New Jersey is a modified comparative negligence state. This means that an injured person may be able to collect damages if they were partially at fault for their injury. The dollar amount of the damages they receive will be reduced by their percentage of fault.
However, if a court determines that the injured person shared a greater percentage of fault than the property owner, the property owner cannot be held liable.
If the Injured Person Was Trespassing
Property owners and operators have a duty of care to invited guests: Shopkeepers have a duty of care to customers who come in during operating hours, and homeowners have a duty of care to people they allow into their homes. However, they don’t have a duty of care to trespassers.
For example, suppose that someone breaks into a closed store with the intention of stealing something. They climb up onto very high shelves, the shelves break, and the person dies on the scene.
Even if the shelving units used were obviously unsafe, the family or estate of the deceased person would not have a strong chance of winning a wrongful death case. Because the store has no duty of care to someone who breaks in, a court would be unlikely to find the owners negligent.
Have You Lost a Loved One Because of Unsafe Premises?
No one should lose a family member because a property owner failed to maintain a safe environment.
When you work with wrongful death premises liability accident lawyers, you send a message that this behavior is unacceptable. A settlement won’t bring your loved one back, but it will hold the negligent parties accountable — and maybe even prevent someone else from being harmed.
The process of filing a wrongful death lawsuit can be stressful, uncertain, and emotionally wrenching. But when you work with GGL, we will be with you every step of the way.
Our team has been seeking justice for injured New Jersey residents since 1991, and we may be able to help your family, too. Call us today at 800-923-3456 or fill out our online contact form to set up your free consultation.
Related Practice Areas
No Fee Unless
GGL Wins
We've got you covered.
Tell us what happened.
One of our advisers will contact you.
OFFICIAL PARTNER OF RUTGERS ATHLETICS
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.