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Premises Liability

Premises Liability Attorney in Clifton, New Jersey

Have you ever been injured while on the property of another person? If so, you might be able to make a claim. The law requires property owners to keep their properties safe for visitors and guests. Unfortunately, property owners can breach this obligation, which can cause serious harm to visitors. Suppose you were wounded while on somebody else’s property; you may be entitled to monetary compensation for your losses. In Clifton, New Jersey, a personal injury lawyer experienced in premises liability may evaluate your case and lay out your options.

Jaloudi Law has a reputation for helping injured people obtain the justice they deserve. If you were harmed while on someone else’s property, call us right away so we can defend your legal rights. You may count on our knowledgeable New Jersey premises liability attorney to fight to protect your right to fair compensation. Call our law office today for legal advice on your premises liability claim. 

Why do I need a Premises Liability Attorney in New Jersey?

If you have an unintentional injury, you should speak with a lawyer before the statute of limitations runs out. Otherwise, the insurance companies might offer you a settlement that is less than what you deserve. Contacting an experienced New Jersey premises liability lawyer is essential if you want to safeguard your future, well-being, and legal rights.

Pursuing a personal injury case on your own might be difficult since numerous obstacles exist. Property and business owners work with insurance companies to begin a defense to safeguard their investments and assets since they know how the lawsuit may harm them. They can attempt to blame you or assert that the accident never happened. Therefore, it is vital to have an attorney on your side to achieve a successful outcome.

Jaloudi is an experienced personal injury attorney familiar with the law, the New Jersey legal system, and how to present your case in court. We can fight on your behalf and help you get what you deserve. Contact us today to learn more!

What is Premises Liability?

premises liability attorneyPremises liability is a personal injury case where the injury was caused by an unsafe condition on another person’s property. 

Negligence is the determining factor in the vast majority of personal injury claims, including those involving premises liability. To succeed in a premises liability action, the injured party must show that the property owner was negligent in their property ownership or maintenance. Generally speaking, negligence is the inability of the property owner to maintain the property with the necessary care.

It’s crucial to remember that just because you were injured on other people’s property doesn’t indicate that person was irresponsible. Furthermore, the mere possibility that the property was in a hazardous condition does not necessarily establish that the owner was negligent. You must show that the property owner knows – or reasonably should have known – that the premises were in a dangerous condition but took no action to remedy them.

Here are examples of common situations that involve a premises liability claim:

  • A defective freezer causes water to seep onto the floor, causing a shopper to slip and fall in the frozen goods section of a grocery store.
  • A pedestrian is hurt when debris from an unattended construction site falls onto the pavement.
  • Guests are hurt when a neighbor’s deteriorating deck collapses during a BBQ.
  • A resident of an apartment building is assaulted in the lobby when a security door goes unfixed for weeks.

Premises liability law is complex. If you need clarification, call us to talk to an experienced premises liability lawyer. 

What are the Types of Premises Liability Cases?

Numerous different personal injury claim types are included in premises liability claims, including:

  • Ice and snow accidents
  • Slip and fall cases
  • Defective conditions on the property
  • Inadequate maintenance of the premises
  • Insufficient building security resulting in injury or assault
  • Accidents on the escalator and elevator
  • Dog bites
  • Accidents in amusement parks
  • Swimming pool accidents
  • Fires
  • Floods or water leaks, and
  • Hazardous fumes or chemicals.

There are many types of premises liability cases. Even dog bite instances fall under premises liability since an unsafe environment exists on someone else’s property.

How Do I Show That The Property Owner Was Negligent?

To win your premises liability case, you have to show that the defendant’s use, control, or management of the property where the accident happened must have been negligent. In other words, you must demonstrate that the defendant violated their duty to exercise care in the circumstances that resulted in your damage.

New Jersey follows a traditional rule when determining liability. The laws state that a property owner’s duty of care depends on the visitor’s status. A property owner has a higher duty to a person invited into the property than to a trespasser. Here are the three categories a visitor may fall into:

  • An invitee is a person who enters a property for the defendant’s benefit, such as a client at a hair salon or someone who enters a building or public space (like a shopping center). The property owner is required by the laws of the majority of states to exercise reasonable care in managing and keeping the premises for invitees. Making the property sufficiently safe for others is part of this duty.
  • A licensee is someone who is on the property with the owner’s consent, but is there for their own benefit. One example of a licensee is a salesperson. A property owner’s duty of care means they have to correct any hazard or alert licensees of these hazards, if they cannot fix them. 
  • Anyone who enters or remains unauthorized on another person’s property is considered a trespasser. The defendant’s only duty to trespassers is not to hurt them.

What Factors Can Affect My New Jersey Premises Liability Case?

Several factors can shed light on whether the defendant acted reasonably towards their visitors. These include:

  • Circumstances of entry to the property by the visitor;
  • The usage of the property;
  • The foreseeability of the accident; and
  • The owner’s attempt to advise visitors of a harmful condition or make reasonable repairs.

What Rights Do Trespassers Have?

The owner has a duty to provide notice for a potential hazard if they know a trespasser is likely to break in. This duty only pertains to manufactured circumstances that the owner has created or maintains and is aware have the potential to result in serious injury or death.

What Happens When Children Trespass on a Property in New Jersey?

When minors aren’t allowed to be on the property, the landowner has a different duty. Suppose a property owner should know that children are likely to be on the property and a dangerous condition on the property is likely to result in significant bodily harm or death. In that case, they are required to post a notice. The doctrine is called “attractive nuisance.”

What Happens When There is Joint Responsibility?

One defense against premises liability is to claim that you were also to blame for the accident. A visitor is typically required to take reasonable safety precautions for their protection. If they did not exercise reasonable care, the recovery may be limited or lessened.

New Jersey follows a modified comparative fault rule when awarding damages. Under this rule, you won’t be allowed to claim damages if you are more to blame than the defendant. Additionally, the amount you will receive will be reduced by the percentage of your fault. For example, if an accident caused $10,000 in damages and it was found that you were 25% at fault, you would only be entitled to $7,500 in compensation.

Are There Special Rules for Landlords?

Landlords may be subject to special liability rules. If they are leasing out a property, a landlord is not liable for any physical harm caused to a tenant or anybody else due to a circumstance on the property. Although there are a few notable exceptions to this general rule, it is mostly predicated on the landlord’s alleged lack of control over the property once it is leased.

How Can I Prove Premises Liability Injury?

If you are injured while on another person’s property and are considering filing a premises liability injury claim, you will normally need to demonstrate:

  • The person who caused the harm owned, resided in, rented out, or otherwise had control over the property where the injury happened;
  • The defendant was negligent in the usage, maintenance, or security of the property;
  • That negligence was a substantial factor in the injury.

Was the property under the defendant's control?

You must establish that the defendant owned or controlled the premises where you were harmed to succeed in a premises liability case. This component is generally not going to be contested in the majority of premises liability situations. The legal responsibility to check the property, ensure it was reasonably safe, and take appropriate action to rectify or limit known (or reasonably knowable) threats will typically be fairly obvious to the owner, occupant, lessee, or manager of the property.

Let’s take the scenario where you are grocery shopping, and something drops from a high shelf and hits you. Whether the grocer owned or leased the property, the owners would make sure the store is secure for consumers.

Injury from Premises Liability: Insurance Claim or Lawsuit?

It’s essential that you understand the two major processes through which you might obtain compensation for your damages: filing an insurance claim and filing a lawsuit.

An insurance policy will usually cover the incident or accident that caused the injury in premises liability injury cases. Suppose you slip and fall inside a store, for instance. In that case, the store’s commercial liability insurance will cover the incident, and you may file an insurance claim with the store’s insurance provider. Similar to the previous example, your neighbor’s homeowner’s insurance policy will apply if a damaged handrail on their front porch causes you to fall down the stairs. You can submit a claim to their insurance provider.

No matter what type of insurance policy applies to your premises liability-related insurance claim, the objective is to present your claim in a way that establishes the property owner’s or operator’s liability. It describes the nature, extent, and all associated losses to obtain a reasonable personal injury settlement.

You may file a lawsuit for personal injury in court against the property owner if no insurance coverage will cover your injury or if the insurance claim procedure has come to a standstill. 

Whether it’s an insurance settlement or a personal injury lawsuit, you should hire our reliable New Jersey premises liability attorney. Talk to us to discuss your premises liability claim. 

Can I get compensation for my pain and suffering?

If you sustained injuries as a result of being hit while riding your bicycle you might be entitled:

  • Pain and suffering are associated with any physical or emotional injuries you sustained
  • Loss of enjoyment of life: related to hobbies or activities and quality of life
  • Lost wages
  • Medical treatment
  • Future Medical treatment
  • Wrongful death:  compensation for the family of someone killed as a result of negligence

Call our Premises Liability Attorney Now!

Have you been hurt on someone else’s property due to carelessness? Do not be reluctant to receive legal representation from a Clifton, New Jersey premises liability attorney who can assist you in obtaining compensation..

Jaloudi Law is aware of your challenges and cares deeply about your future. Our reputable premises liability attorney will fight for a favorable result on your behalf and has experience managing premises liability lawsuits.

We can assist you in obtaining the just compensation you need. Call our Clifton law firm today to discuss your premises liability case.

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Suffering from injuries can affect your quality of life. If you or someone you love got injured in an accident in New Jersey, our experienced personal attorneys are here to make your recovery process easier. We will help you fight for your rights! Get the compensation you deserve by scheduling a consultation with us.

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