Premises Liability
If you’ve been injured due to unsafe conditions on another person’s property, you may be entitled to financial compensation under premises liability laws. These laws establish the responsibility property owners have to ensure their premises are safe for visitors. If a property owner fails to uphold this duty of care and someone gets injured, the property owner may be held liable for the resulting damages. At the Law Offices of Mitchell R. Friedman, we specialize in helping victims of premises liability accidents secure fair compensation for their injuries.
What Is Premises Liability?
Understanding the legal dynamics of unsafe conditions starts with an examination of premises liability. This is the legal responsibility property owners have to maintain safe conditions on their properties. Property owners are required to address potential hazards such as slippery surfaces, wet floors, and icy walkways within a reasonable time after a storm ends. Failure to do so can result in accidents and injuries that create legal liability, and experts have the ability to determine whether New Jersey’s “ongoing storm rule” factors into the case or not.
Types of Premises Liability
There are several types of premises liability cases, each involving different hazards and circumstances. The most common include:
- Slip and fall accidents: Slips, trips, and falls are the most common premises liability claims. They occur when a person slips or trips on a dangerous surface, such as wet floors or slippery surfaces caused by a failure to clear snow or ice.
- Negligent security: Property owners are responsible for ensuring adequate security measures are in place, especially in areas with high foot traffic, such as apartment complexes or retail stores. Failure to do so can lead to premises liability claims if a person is injured due to a lack of security.
- Swimming pool accidents: Pools must be maintained safely and properly secured to prevent injuries, especially involving children.
- Amusement park injuries: Attractions at amusement parks must be safe for visitors. Any malfunction or oversight that leads to an injury can be grounds for a premises liability lawsuit.
Common Injuries in Premises Liability Accidents
Injuries resulting from premises liability accidents can range from minor to life-threatening.
- Broken bones: Falls, especially from heights or on hard surfaces, often result in fractures.
- Head and brain injuries: Slips and falls can lead to traumatic brain injuries (TBI), which can have long-term effects on the injured person.
- Spinal cord injuries: Severe falls or accidents may result in spinal cord damage, leading to paralysis or other disabilities.
- Burns: In some cases, unsafe property conditions may cause fires or electrical hazards, resulting in serious burns.
- Emotional distress and mental anguish: In addition to physical injuries, victims may experience significant emotional trauma, including emotional distress and mental anguish. Can also apply to family members who witnessed a severe accident and injury to a family member.
Proving Negligence in Premises Liability Cases
To successfully pursue a premises liability claim, you have to demonstrate that the property owner was negligent. This means proving:
- The property owner had a duty of care to maintain a safe environment.
- The property owner breached that duty by allowing a dangerous condition to exist.
- The dangerous condition directly caused the injury.
- The injured person suffered damages as a result.
What Damages Can Be Recovered in a Premises Liability Case?
Victims of premises liability accidents may be entitled to various forms of compensation, including:
- Medical expenses: This includes both immediate medical costs, such as emergency room visits, and future medical care, such as surgeries, rehabilitation, and therapy.
- Lost wages: If the injury causes the victim to miss work, they can recover compensation for lost income.
- Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish is also recoverable.
- Property damage: In some cases, victims can seek compensation for damage to their personal property caused by the accident.
How an Experienced Premises Liability Lawyer Can Help
If you’ve been injured due to a dangerous condition on someone else’s property, seeking legal representation from an experienced premises liability lawyer is an important part of getting justice. The Law Offices of Mitchell R. Friedman has a team of seasoned personal injury attorneys who specialize in premises liability cases in West Orange, New Jersey.
Our team thoroughly investigates the accident, gathers evidence, and works with experts to prove the property owner’s negligence. We help you navigate premises liability laws, negotiate with insurance companies, and ensure you receive a fair settlement for your injuries and the necessary medical treatment. Whether the accident occurred at a grocery store, on a slippery surface, or due to negligent security, we’re here to guide you through the legal process.
When to Contact a Premises Liability Attorney
If you’ve been injured on someone else’s property in West Orange, you should contact a premises liability attorney as soon as possible. It’s important to document the conditions that caused the injury at the time of the incident, if possible, such as photographs or video of the conditions. At the Law Offices of Mitchell R. Friedman, we’re dedicated to helping injured persons recover the financial compensation they deserve. Contact us today for a free consultation to discuss your premises liability case and how we can help you achieve justice.