New Jersey Premises Liability Attorneys
Injured On Someone Else’s Property? Our Trusted Lawyers Can Help
Serious injuries or fatalities often occur on someone else’s property. In many cases, these injury accidents are the result of unsafe or dangerous conditions. When this happen, business owners and property managers responsible for keeping the premises safe and free of hazardous conditions should be held accountable for their actions.
But taking action against property owners can be challenging. Often, they deny doing anything wrong. Or they might blame injury victims in order to avoid responsibility. And without evidence of wrongdoing, injury victims often have a hard time getting the financial compensation they rightfully deserve from business owners or insurance companies.
Our New Jersey premises liability lawyers at Shebell & Shebell, LLC can help every step of the way. We understand the premises liability laws that apply to such complex legal cases in New Jersey. That’s why we have such a strong track record of success. See our case results. Read our testimonials. The message is clear – we know how to get the job done right.
Notable Premises Liability Case Results
- $2,500,000 recovery for a trip and fall injury claim involving a condominium walkway.
- $2,500,000 recovery for a negligent security claim resulting in a brain injury.
- $925,000 recovery for a nurse injured in a trip and fall accident in a poorly maintained hospital elevator.
- $800,000 recovery for a slip and fall injury victim hurt on ice-covered sidewalk while leaving a gym.
- $700,000 recovery for a head injury victim hurt in a trip and fall accident at a country club.
What is premises liability?
Premises liability is an important part of injury law that addresses who is responsible for compensating injured victims of accidents that occur on another person or entity’s private or public property.
Despite well-established codes and standards that spell out rules that are meant to keep us safe, some property owners cut corners to try to save themselves money. This mentality puts all of us at risk of injury. That is why it is important to fight for fair compensation.
Under New Jersey liability laws, property owners, management companies, and landlords are required to inspect and maintain their property and keep it free from dangers or hazards. Failure to do so can result in liability if an injury occurs. A defective condition that causes someone to slip, trip, misstep, and fall can lead to liability on the part of the property owner or operator.
Slip and fall accidents are among the most common types of premises liability claims. Note that if the slip and fall happened at work, you can’t file a lawsuit against your employer – you have a workers’ compensation claim instead – but you can still file a premises liability claim against a third party other than your employer if they’re responsible for your injuries.
New Jersey lawyers that demand maximum compensation
At Shebell & Shebell, LLC our lawyers never settle premises liability cases for less than our clients deserve. We would rather invest more of our own time and energy into investigating your accident and building a strong case than accept a lowball offer. We demand results and if the insurance company won’t play fair, we prepare to bring them to trial.
Common examples of injuries due to unsafe or hazardous conditions on someone else’s property include:
- Cracked sidewalks
- Uneven pavement
- Slippery or wet floors
- Broken or missing stairs
- Missing handrails
- Dangerous stairwells
- Failure to clear snow or ice
- Potholes
- Inadequate or dim lighting
- Construction site accidents
- Falling objects
- Swimming pool accidents
- Failure to warn of hazardous or dangerous conditions
- Failure to correct hazardous or dangerous conditions
- Tenant slip, trip and fall injuries caused by landlord neglect
If you were injured in a premises liability accident on someone else’s property in New Jersey, we can help. Shebell & Shebell, LLC is an established law firm that puts clients first. If we handle your premises liability claim or lawsuit, you can count on us to thoroughly investigate your case. We will determine whether there is a legitimate claim. We will identify who is liable - the property owner, maintenance company, snow removal company, property management company, or someone else. We will aggressively negotiate to get you compensation for your injuries.
Our law firm goes the extra mile for people injured in New Jersey accidents. In many instances, we will retain the services of a licensed professional engineer to determine whether the company complied with applicable safety standards, such as ANSI, ASTM, or the ADA regulations. If you were injured in a premises liability accident due to someone else’s negligence, you are not alone. Contact Shebell & Shebell to discuss your legal matter.
Do I have a premises liability case?
If you can prove that the responsible party knew, or should have reasonably known about a hazard and did nothing to correct the issue, you may have a strong case for compensation. It depends on whether they created, knew about, or could have reasonably discovered the hazard and whether they addressed it or provided adequate warning.
Every accident is different. You may have a case even if the owner or operator told you that you don’t. Never assume that you are at fault in a slip and fall accident. Contact a lawyer to learn about your rights and how the law applies to your situation.
How do you prove negligence in a premises liability case?
To win a premises liability case in New Jersey, you must prove that the property owner was negligent in addressing a dangerous hazard of which they were aware or, if they were meeting legal standards of operation, should have been aware.
In general, a negligent owner will have failed to use “reasonable care” if they ignored hazards or did not sufficiently warn people about risks. Generally, you must establish these four conditions:
- The property owner or operator owed you a duty of care.
- They failed to provide that care.
- This failure led to an accident.
- The accident caused injury and compensable damage
What are visitor types in premises liability claims?
Another part of your premises liability claim will be establishing what type of “visitor” you were to the property. The duty of care to someone invited to the property is far greater than it is for a trespasser. In New Jersey, there are three types of legal visitors considered in a premises liability case:
- Invitee – Person with a specific or implied invitation to the premises for some purpose of the owner. Examples of invitees include a customer shopping at a store or a patron dining at a restaurant.
- Licensee – In general, this person has the landowner’s expressed or implied permission to be on premises, but they are there for their own purposes. Examples of licensees include social guests, friends, and family.
- Trespasser – Someone who is not invited on the premises. The only care generally owed to New Jersey trespassers is that landowners cannot “willfully” injure them. However, different circumstances can affect trespassers’ rights, especially if the trespasser is a child.
Where do premises liability slip and fall accidents happen in New Jersey?
Slip, trip, and fall hazards can occur virtually anywhere people walk, pass, or travel. Places such as malls, supermarkets, or department stores may have slippery floors. Restaurants, ranging from fast food to fine-dining establishments, may not maintain their property by failing to provide adequate lighting, allowing a slip or trip hazard to go undetected. Apartment complexes, condominium complexes, or underground garages may not be lit properly, fail to repair holes or trip hazards, or fail to warn people of potential hazards.
Does New Jersey have an attractive nuisance law?
New Jersey has special standards for some child trespassers and recognizes standards for properties that contain an attractive nuisance. New Jersey law says that if a property owner has an “artificial condition” on their premises that is dangerous and irresistible to kids, such as a swimming pool, they must take extra measures to protect the premises and bar children from entry. Because the condition must be “artificial,” in some cases the owner may not be liable for injuries caused by natural hazards like lakes, unstable grounds, and streams.
How does premises liability compensation work in New Jersey?
When assigning fault for an accident, New Jersey uses a comparative negligence standard. If you are less than 51 percent at fault in an accident, you can recover damages, but your settlement or verdict will be reduced by your percentage contribution to the accident. So, expect the negligent property owner and their insurance company to blame you for their bad behavior. If they can pin 25 percent blame for the accident on you, for example, your compensation will be reduced by 25 percent.
The average settlement for a New Jersey slip and fall is difficult to estimate. Every case is different. Some settle for tens of thousands of dollars while others end up in multi-million-dollar verdicts. In general, the severity, duration, recovery, and the short- and long-term impact to quality of life can drive up compensation.
What are types of premises liability injuries?
Just about any type of injury can develop from a slip and fall or other type of premises liability accident. However, some injuries are more common than others. Especially in instances of slip and fall, the body parts most likely to be damaged include:
- Head injuries. These tend to be the most debilitating and life-threatening of premises liability injuries. Therefore, they also fetch the most compensation. Head injuries typically come in two forms – open (like a skull fracture or puncture) and closed (brain hemorrhage, concussion, bruising, etc.) Traumatic Brain Injuries (TBIs) are often long-term slip and fall injuries that can limit mobility, change a person’s personality, and decrease brain function as well as control over the victim’s own body.
- Fractured bones. There are several types of bone fractures – hairline fractures, cracks, partially severed, and completed separated. In addition to your skull, wrist and hand bones are among the most likely to be damaged in a slip and fall as people instinctively use their arms to break a fall. Knee injuries, shoulder and back pain, neck injuries, and spinal cord damage like herniated discs are also possible.
- Soft tissue damage. Swollen muscles and joints that reduce range of motion and chronic pain are among the most frequently experienced slip and fall injuries.
How long do I have to file a premises liability action or claim in New Jersey?
In most cases, New Jersey gives people 2 years to file a premises liability injury or wrongful death action. Two years may sound like a long time, but your lawyer needs time to investigate your accident, collect hard-to-find evidence, build a strong case, and negotiate aggressively with the insurance company for maximum compensation. They also need time to file a lawsuit if the insurance company won’t make you a substantial offer.
Outside of slip and fall accidents, what are examples of other premises liability cases?
Slip and fall accidents are among the most common premises liability claims and cases, but they are far from the only ones. Injuries happen at all kinds of places outside of the home. Some of the other liability claims that we handle involve injuries and fatalities due to:
- Deck collapse
- Dog bites
- Hotel accidents
- Parking lot injuries
- Swimming pool accidents
- Snow and ice hazards
- Unfilled holes or pits
- Elevator and escalator accidents
- Fires
- Airbnb injuries
- VRBO accidents
- Amusement and waterpark mishaps
- Water leaks
- Toxic fumes and exposure
- Negligent security
- Poor lighting
- Lack of property maintenance
- Defective property conditions
How do I get compensation for a trip and fall accident if it happened at work?
If a slip, trip, and fall injury occurs in your workplace, you have a workers’ compensation claim. You can’t sue your employer or a coworker for an on-the-job injury. However, you may be able to file a claim for damages against other parties whose carelessness or neglect may have caused the injury.
There is no out-of-pocket expense for our services
Shebell & Shebell’s experienced personal injury lawyers understand that finances are often tight after a bad accident. That is one of the many reasons why we work injury cases for a contingency fee. That means there is no down payment, retainer or hourly fee for you to cover. Our fee is an agreed-upon percentage of the settlement or verdict. If we don’t get you favorable results, you don’t pay us.
If you have been injured as a result of a dangerous or defective condition of a property, please contact us for a free consultation. A member of our staff is available to hear from you 24 hours a day, 7 days a week. Don’t delay. Contact us online or at Shrewsbury office today to schedule your free case consultation with a New Jersey premises liability lawyer you can count on in a crisis.