Mercer County NJ Premises Liability Attorneys
Personal Injury Lawyers with Offices in Trenton and Pennington, NJ
Unfortunately, accidents happen and it is easy to feel lost during these stressful times. For instance, we often lose sight of the fact that commercial and residential property owners are required to ensure a reasonable degree of safety on their premises, taking the necessary steps to prevent and/or remove potentially hazardous conditions. This legal duty to ensure safety encompasses anyone who visits, occupies, or passes by the premises for a legitimate purpose, meaning tenants, customers, employees, and even those going about their daily activities. With the regard to the specific safety precautions that must be taken, these vary based on the property and accompanying circumstances. However, unsafe conditions must be anticipated and/or addressed within an appropriate amount of time and visitors must be warned of potential hazards.
Sometimes, owners or occupants of a specific premises fail to perform their legal duties sufficiently and innocent victims are injured as a result. Whether the accident involves a construction site injury, a slip and fall caused by ice or snow, or an incident resulting from inadequate security, you may be entitled to compensation for the damages you incur after being injured on another person’s premises. These damages can involve monetary compensation for medical expenses, loss of income, and pain and suffering. With the assistance of a highly skilled personal injury attorney who will file a premises liability lawsuit on your behalf, you can place your confidence in the fact that there is a legal advocate working to obtain the compensation that you deserve.
The personal injury lawyers at Kamensky Cohen & Riechelson will accumulate and organize all of the available evidence to support your claim, including a medical assessment of your injuries and necessary treatment, an analysis of the circumstances that preceded the event, and photographs documenting the site of the incident. Compiling and constructing a compelling argument on your behalf is our priority as we work toward obtaining just compensation for you or your loved one. To discuss your injury case with a member of our legal team at no cost, contact our Trenton and Pennington, New Jersey offices at (609) 528-2596.
Premises Liability Lawsuits in New Jersey
Premises liability refers to a classification of accident lawsuits which generally involve injuries sustained as a result of an unsafe or defective condition on a company or individual’s property. It is the responsibility a property owner has to keep their property safe for visitors, passersby, tenants, customers, and employees. ‘Premises’ as it relates to premises liability law is the property that is included in this responsibility for safety.
New Jersey provides legal avenues for individuals who sustain injuries caused by a variety of factors, some of which include:
- Uncleared ice or snow on driveways, walkways, and sidewalks
- Insufficient lighting
- Dog and animal bites
- Electrical accidents
- Negligent security
- Swimming pool accidents
- Lead poisoning
In addition, the law extends responsibility to owners and operators of a variety of premises, including:
- Apartments and homes
- Bars and restaurants
- Construction sites
- Playgrounds and school premises
- Supermarkets and grocery stores
- Hotels and resorts
Generally, a premises liability claim is a particular type of negligence claim. While the property owner may not have been actively attempting to cause injuries, they have not maintained their property to the appropriate conditions for visitor safety.
Common Injuries that Happen on Properties
The most common injuries involved in premises liability cases are those arising from slips and falls, though other accidents can occur on a property as well. Injuries include broken and fractured bones, bruises and lacerations, head and neck injuries, spine injuries, pulled muscles, and even traumatic brain injuries.
Three Types of Premises Visitors
There are three types of premises visitors: invitees (explicit or implied), licensees (invitees not there for business), and trespassers.
Forms of Consent to Enter a Premises
The three types of consent to enter a premises are:
- implied consent, in which surrounding circumstances show that entry is allowed, though it is not implicitly stated;
- express consent, in which permission to enter is explicitly given; and
- informed consent, which is permission that includes information about the risks of entering the premises.
Statute of Limitations for Filing a Premises Liability Lawsuit
The statute of limitations to file a claim under premises liability law is two years in New Jersey.
Requirements to Prove a Premises Liability Lawsuit
In order to prove a premises liability case, you must show that the owner had the duty to keep the property safe, and that they did not uphold that duty. You must also show that, as a direct result of this negligence, you were injured, and that your injuries resulted in damages.
How to Determine if You Have a Strong Premises Liability Claim
Can you prove that the property owner’s negligence in maintaining or securing their property directly led to your accident injury or failed to prevent it? If so, you probably have a strong premises liability claim. There are many defenses that a property owner can use to claim that they were not responsible for your injury, so you will need a knowledgeable and skilled personal injury lawyer serving on your behalf to confront the responsible party’s representatives whose goal it is not to pay or to pay as small an amount for your injuries as possible.
The Value of Evidence
Premises liability cases rely upon evidence that provides solid proof of negligence, failure to address dangerous conditions, or poor maintenance. This can be done by gathering police reports, photos of the scene, medical reports, and calling on the experienced counsel of a premises liability lawyer to support your claim.
What Damages Am I Entitled to in a Premises Liability Case?
In a premises liability lawsuit, you can be financially compensated for medical expenses, out-of-pocket costs, lost wages, lost future earning potential, and pain and suffering.
Role of the Insurance Company
The role of the insurance company is to financially protect their clients in the case of accidents. It also financially covers some claims against their clients.
Expected Time for a Premises Liability Settlement
There is no set amount of time it takes to settle a premises liability case. That said, depending on the circumstances and the complexity of the injuries, a case can take between a few months to over a year to settle.
If I Get Hurt by Anyone While I’m on Someone Else’s Property, Can I File a Claim Against the Store or Business Owner?
In some cases, a property owner can be held responsible if a person is injured by someone else on their property, as it is the owner’s responsibility to provide appropriate safety and security measures.
Contact Our Trenton NJ Premises Liability Attorneys to Discuss Your Case
When it comes to premises liability law, it is helpful to have all of the information you need to understand whether you have a claim and what steps to take to be justly compensated for your injury. A seasoned personal injury attorney will evaluate every facet of your premises liability case in order to ensure that you receive the compensation that you deserve. For a free consultation with a member of our talented personal injury team, contact the law offices of Kamensky Cohen & Riechelson at (609) 528-2596 or (215) 337-4915.
Our attorneys have decades of experience supporting accident victims in their premises liability claims. We represent and serve injured clients and their loved ones in East Windsor, Lambertville, Trenton, Lawrence, Robbinsville, Hamilton, Princeton, Ewing, Hopewell, Mercer County, Middlesex County, Burlington County, and throughout New Jersey, helping them get back on their feet after injury, physically and financially.