Property Managers and Premises Liability in New Jersey

When a tenant rents an apartment, home, or business property from a landlord or property manager, they expect to stay safe on the premises.

Property Managers and Premises Liability in New JerseyUnfortunately, this isn’t always the case, and accidents happen. When a tenant is injured due to the negligence of a property manager to keep the property up-to-date in structural and functional safety features, they have a right to seek damages in some cases. So what are the circumstances in which a property manager is liable for an injury that happens on their property, and when is the care and safe-keeping of a space the responsibility of the tenant? Read on to learn more about the obligations and liabilities of property managers in premises liability cases.

When is a property manager likely to be liable in New Jersey?

If a property has shared spaces, its maintenance and upkeep are the responsibility of the landlord or property owner. As such, if an injury occurs in a common area such as a lounge, pool area, or parking lot, a tenant can file a personal injury claim against the landlord and expect to receive compensation. Usually, such injuries that happen in a common area occur as a result of a landlord’s negligence. Unless there is regular upkeep, dangerous situations can exist, such as icy entrances, slippery stairways, and malfunctioning appliances such as communal cooking items or laundry machines. In all of these cases, it is the landlord’s legal responsibility to ensure that such fixtures are operating safely. While generally, landlords are off the hook when it comes to areas that are the exclusive domain of a tenant, common areas are definite liability centers. Yet common areas aren’t the only spaces in which landlords have a legal duty to maintain premises. Even a landlord’s own management of small but essential details, such as where and how they keep master keys,  can cause havoc that leads to a break-in or other accident, rendering them liable for failure to maintain the premises. Read on to learn about other areas in which premises liability falls in the court of a landlord or property management serving as their agent.

Smoke Alarms and Other NJ Emergency Equipment

Emergency equipment is one of the most essential fixtures in any private or business rental. Unfortunately, it is often overlooked by landlords and property managers, and tenants are left to find out that their preventive and emergency equipment is malfunctioning in highly inopportune and dangerous times. Things like smoke detectors and fire extinguishers have regular maintenance requirements that it is the duty of a landlord or property manager to schedule. If you are a tenant, take your safety into your own hands by inquiring as to the last time that the emergency equipment was serviced. If you are the victim of an accident that occurred due to malfunctioning equipment of this kind, contact our firm right away; you likely have the right to recover damages to your person and property caused by your landlord’s negligence.

Safety Features on Doors and Windows in NJ

Maintenance of Safety Devices Few things are more expected by a tenant than having a safely secured home or business environment, and few things are more terrifying than becoming aware that this is just not the case. It is the legal responsibility of a landlord to ensure that all exterior doors have proper locks and work well. If there is a common outer door shared by tenants, safety features must be in place to ensure that only invited guests enter the premises, and go where they are invited only. Having malfunctioning elements of a security system such as a buzzer that doesn’t work or worn locks and bolts create a scenario in which a person can break their way in; as such, regular maintenance and checks are necessary. Individual units must be checked regularly, at least at the beginning and end of a tenant’s tenure in the space – and more regularly if the tenant requests it – to ensure that doors, windows, and screens have locks that properly work and have not slipped out of place. A landlord is responsible for reviewing that any security features on doors or windows in accordance with municipal safety regulations, as well as things such as bars on doors and windows, are steadily attached while still ensuring that they are up to fire code, allowing for exit in the case of a fire or other emergency.

Did rental conditions jeopardize your and your family’s safety? Contact our Personal Injury Attorneys for a free confidential consultation at our Trenton office.

If you have been in an accident due to landlord or property management negligence, it’s essential that you have an attorney on your side. To recover damages due to your rental property accident, you’ll need the knowledge and requisite legal experience to successfully correlate your injuries with the negligence of the party responsible for maintaining property safety.

The attorneys at Kamensky, Cohen & Riechelson, have handled numerous cases in successfully representing clients and making sure their rights are protected and guaranteed. Our firm has worked side by side with clients from Burlington, Ewing, Princeton, Willingboro, Mount Holly, and Surrounding places. It will be our pleasure to talk to you during an initial consultation.

Call 609-528-2596 as soon as you are able after an incident to discuss your options and what can be done on your behalf. We can help.

Permanent Disability and Personal Injury Cases

Permanent Disability and Personal Injury Attorneys serving clients across New Jersey with offices in Trenton and East Brunswick NJ

Permanent Disability and Personal Injury CasesPersonal injury lawsuits are designed to help victims of accidents like construction accidents, auto accidents, motorcycle accidents, poorly maintained premises, defective products, and ladder and scaffolding accidents to recover compensation for their medical costs, lost income and wages, and their physical and emotional pain and suffering.

When the victim suffers a permanent disability as a result of their accident, it can mean a lifetime of medical bills and treatment, and large amounts of lost income if they can no longer work in their previous area of employment. This necessitates a more involved and well-researched personal injury case than normal, as the implications of the injuries in question are not temporary.

Evaluating your Mercer County Permanent Disability Personal Injury Claim

One of the first steps you and your Mercer County personal injury attorney will take is to thoroughly evaluate your case. You will need to determine how much your medical expenses have cost to-date, as well as how much they may cost in the future. Rehabilitation and on-going treatment can both be compensated in your permanent disability claim. You will also need to determine how much to seek in terms of lost income. If you are unable to continue in your current line of work, you and your Mercer County personal injury attorney will need to calculate exactly how much you would have made had you stayed in your position, and also factor in things such as potential raises and promotions.

By having a solid understanding of exactly how much your injuries have cost you financially, and may cost you in the future, you can make the most accurate and fair claim for compensation possible.

Proving Negligence and Causation in a Personal Injury Case NJ

In addition to a thorough evaluation of your permanent disability claim, you will also want to discuss and prepare for proving the responsible parties acted in a negligent and reckless manner, and that these actions directly lead to your accident. Witness accounts, police records, investigation, and expert testimony will all be employed by your Trenton personal injury attorney in order to prove exactly these things. Most personal injury attorneys take cases on contingency, meaning that the expense of hiring these experts and having them testify on your behalf is taken on by your personal injury attorney, and only reimbursed when they recover compensation for your injuries.

Independent Medical Examination of Permanent Disability

Many insurance companies will require you to undergo an independent medical examination during a personal injury case, and especially in the case of a permanent disability. While they are called “independent”, these examinations are paid for by the insurance company, and often are biased towards them. Before going through with an independent medical examination, it is important that you speak with your Trenton personal injury attorney, and prepare yourself by discussing what may be asked of you, what to expect, and what your rights are during this process.

Recovering Compensation in a Permanent Disability Personal Injury Case Mercer County

Recovering Compensation in a Permanent Disability Personal Injury Case Mercer CountyIf you and your Mercer County permanent disability attorney are successful in properly evaluating your case, and proving negligence and liability, you can recover compensation for your medical expenses, lost income, and pain and suffering. Pain and suffering is a key element of any personal injury case, and often represents the largest portion of recoveries. Pain and suffering refers to the emotional and physical trauma you have experienced as a result of your injury and may continue to experience in the future.

It is important to remember that personal injury claims often take time to resolve, as the parties present evidence, and negotiate for the best possible settlement. Your attorney may advise you when a settlement offer is appropriate, and when instead you should rely on a jury verdict for the best possible settlement. While no amount of money can ever change what has already happened to you, by securing compensation for your injuries, you ensure you and your family’s financial future, and may also encourage the negligent parties to change safety protocols and prevent future accidents.

Contact a Mercer County Permanent Disability Personal Injury Attorney Today

At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have extensive experience helping clients across Trenton, Lawrence, Hamilton, Princeton, and the greater Mercer County area to resolve personal injury cases of all kinds, including cases involving permanent disability.

With over 30 years of experience practicing personal injury law, our firm has a proven track record of success when it comes to representing the victims of negligence and recklessness, and helping them to recover the compensation they need and deserve for their injuries.

To speak with one of our experienced personal injury attorneys today in a free and confidential consultation regarding your potential personal injury or permanent disability case, please contact us online or through our Trenton, NJ office at 609.528.2596.