At Brandon J. Broderick, Attorney at Law, our New Jersey premises liability lawyers have a proven record in injury accident cases against negligent property owners – including complex claims involving places of business, apartment complexes, equestrian facility and ski resort liability, and public or municipal entities across the state of New Jersey and New York.
Property owners have a duty to maintain their property in a safe manner and can be liable for damages if accidents or injuries happen on their premises or property. When someone is injured on someone else’s property and that injury is caused by the owner’s negligence, the victim can file a premises liability claim and is entitled to compensation. A premises liability claim seeks some form of compensatory damages like the cost of medical treatment, lost income and pain and suffering due to the injuries.
If you’ve been injured, your focus should be on recovery and getting back on your feet. Wouldn’t it be a relief to know you could count on a trusted friend and advisor to passionately champion for you? Someone who’s got your best interests in mind? At Brandon J. Broderick, Attorney at Law, we believe in exceptional client care. To us, that means an experience free from legalese, hype, hassle, and intimidation. With us by your side, you can put the worries aside.
You can count on us to work tirelessly for your quality of life. We understand and can empathize that this is a uniquely challenging and difficult time in your life. We’ve helped people just like you move forward after sustaining an injury that was caused by a property owners negligence.
When you hire a New Jersey premises liability lawyer from our team at Brandon J. Broderick, Attorney at Law you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Contact us today and let us turn your setback into a comeback.
For a free legal consultation with a compassionate premises liability lawyer serving New Jersey, call (877) 665-8408
In this overview, find out about common types of premises liability cases, what to do if you've been injured, what your case may be worth, and proving your case.
Brandon J. Broderick, New Jersey Premises Liability Lawyers, Turn Setbacks into Comebacks
If you are injured on someone else’s property due to their negligence, trying to get compensation for your medical bills, lost wages and other damages can be complex. Many times more than one responsible party may be involved. Or, an insurance company is seeking a quick (and low) settlement.
By having legal representation, Brandon J. Broderick, Attorney at Law, will handle all communications with the responsible parties and insurance company on your behalf and work toward securing the compensation you rightfully deserve. And, if an agreeable negotiation can’t be had, we won’t hesitate to take the case to trial -- and win.
Turning setbacks into comebacks
Brandon J. Broderick, Attorney at Law can step in and handle everything so you can focus on healing. Our team of experienced attorneys will work with you to achieve the settlement that you deserve. We will do everything possible to defend your rights and will work with you by your side to guide you through the process. Call Brandon J. Broderick, Attorney at Law, for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.
Examples of Premises Liability Cases
Premises liability cases involve accident or injury incidents in which the injury was caused by some type of unsafe or defective condition on someone’s property. Common types of premises liability cases include:
Slip and fall accidents
These are the most straightforward premises liability cases that are just what they sound like, incidents in which you slip and fall on someone else’s property. Thousands of people are seriously injured in slip and fall accidents every year when they slip on a recently-polished floor, or a wet or slippery surface.
Trip and fall accidents
Like slip and fall accidents, these incidents are caused by hazards like torn carpeting, jagged concrete, or boxes and debris left out.
Improper snow and ice removal
In cold weather climates like New Jersey and New York, snow and ice can build up and cause significant dangers for passersby. Poor maintenance practices after a storm or when ice builds up in freezing weather can lead to injuries when victims slip and fall resulting in serious injuries
Construction site accidents
Workplace accidents can be complex to navigate. In construction sites accidents especially, many parties could be responsible for different safety elements and equipment at a construction site.
There are a number of different toxic chemicals workers might encounter or be exposed to that can result in serious injuries. Or, residents in a dwelling may be exposed to toxins like lead in water or paint that causes disabilities and serious injuries. It could be that the property owner, business owner or operator may hold liability for the safety of the premises.
Swimming pool accidents
For this reason, most states and municipalities have laws and ordinances requiring that swimming pools have a fence around them, often with a locking gate.
Unsafe and inadequate building security
If someone breaks in (or simply walks in through an unlocked door) and assaults or kills someone inside the building, that person may have a premises liability case against the building owner if it can be shown that the building owner did not take reasonable steps to secure the building. If someone is a victim of a violent crime while on a residential or commercial property, they may be able to file a lawsuit on the grounds of negligent security.
New Jersey is unlike many states in that its statute does not require a dog bite victim to prove that the owner of the dog was negligent. Rather, under New Jersey’s statute, a dog owner is liable for the harm his or her dog causes, regardless of many situations. A dog bite victim need only prove that he or she was bitten by a dog and establish to whom the dog belongs.
Amusement or recreational sport parks
Ski resorts, amusement parks and other recreational facilities pose several dangers. Even if you signed a liability waiver, there are some instances where the business or property owner may be negligent in how the business is run or what safety precautions were taken.
If you think you may have a premises liability claim, don’t wait. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback. Call (877) 448-7350 to speak with a legal expert now.
What to Do if You’ve Been Injured on Someone Else’s Property
If you’ve been injured on someone else’s property, first, seek medical attention right away. Of course, if you’re seriously injured immediately this is likely your first priority. Because some injuries take a while to surface, it is better to get checked right away rather than wait days, weeks, or even months after your accident to see a doctor.
Even if you don’t think your injuries are severe, getting medical attention early creates evidence of your injury and can be critical to proving your case later. If you’re able, taking pictures of the accident scene, including what you believe caused the accident, any evidence that exists, a lack of proper lighting, cracks, potholes, obstructions, wet floors, and other details, could help in creating a case.
If you’ve slipped and fallen on a commercial property, you may not think a police report would be warranted but it’s in your best interest to do so. The police will document the details of your accident, and the resulting police report will corroborate your official statement about the accident. The officer will take witness statements and record any code violations or obvious hazards that may have played a role in your accident – all of which can go a long way toward bolstering your accident claim.
Soon after your initial medical needs are met, review your options with an experienced premises liability lawyer.. He or she can evaluate your claim, walk through your options, and advise on the best course of action. An injury attorney can also gather evidence, talk to witnesses, and work with any insurance companies directly on your behalf.
Compensation for Injuries in a Premises Liability Claim
Compensation for injuries in a premises liability lawsuit comes in two forms - economic damages and non-economic damages. All cases are unique, and the value of your claim will depend on the facts and circumstances involved. Generally, we help our clients pursue the maximum compensation possible for all damages resulting from their accident.
Before you can figure out if a settlement offer is fair, you need to know how much your injuries are worth. An offer may seem like a lot of money until you realize that this amount won’t even begin to cover your medical expenses, lost wages, and other potential losses.
Economic damages refers to the compensation you can receive for the loss of money caused by the accident. Non-monetary harm caused by your accident (e.g. pain and suffering) and punitive damages are not included in economic damages. In personal injury cases, an injured victim receives one award for economic damages. In other words, you only get paid once for all of your monetary losses - both past and future. Past economic damages refer to financial losses you already have incurred at the time of the award. Because you have already incurred these costs at the time of the award, past economic damages are normally easy to calculate - usually by looking at your bills. Examples of past economic damages include
- Hospital and doctor bills
- Surgery costs
- Specialized therapists
- Medical devices
- Lost Income
Calculating your future economic damages can be complex and often requires expert testimony. Medical experts may be needed to determine the severity of an injury and what could be expected for a long-term prognosis. An economist or labor expert may be needed to calculate the loss of an income and projected income over a long period of time. Hiring a premises liability lawyer to navigate this complexity and ensure your best interest is important, especially in cases with serious long-term injuries. Examples of future economic damages include:
- Future medical costs
- Future nursing care costs
- Future lost earnings/loss of earning capacity
- Money to pay for household services that you are no longer capable of performing
Wondering how much your case may be worth? Contact us today for a free consultation.
In a personal injury claim for an injury sustained on someone else’s property, non-economic damages can be awarded to compensate the victim for pain and suffering as a result of sustaining an injury. Other examples of non-economic damages include emotional distress, loss of enjoyment of life; and if the victim died, loss of companionship or consortium.
Pain and suffering refers to the physical and emotional stress associated with an accident and the injuries caused by it. For example, if you suffered toxic exposure which caused permanent lung injury, you would probably recover money for the agony of enduring the injury itself, the associated treatment, the discomfort it caused, and any limitations imposed on your lifestyle. You may also recover money for the stress and limitations associated with being permanently injured.
Because of the complexity around getting compensation for non-economic damages, a skilled New Jersey premises liability attorney is imperative to get the compensation you deserve. Their experience will help to be prepared to explain and justify the calculation.
Proving Negligence in Premises Liability
In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. However, every injury that occurs on someone’s property does not mean that the property owner was negligent. And, even if the property might have been in an unsafe condition, it does not automatically mean that the property owner was negligent. To prove negligence, you must show that the property owner knew or should reasonably have known that the premises were in an unsafe condition, and still failed to take proper steps to remedy the situation.
Duty of Care in Premises Liability
In legal terms, “duty” refers to the level of care that a property owner is required to go to maintain and ensure a safe environment to anyone on that property. In New Jersey, the duty of care for a property owner depends on the reason why the visitor was on the property. Under NJ law, there are three different types of visitors:
- Trespassers, Anyone on the property without permission. A property owner has little duty of care to warn trespassers about hazards or any duty of care.
- Licensees, People who have permission to be on the property like party guests or visiting extended family. Property owners have legal duty to warn them of any dangerous conditions on the property that the owner knows of, and which the licensee is unlikely to notice. For example, homeowners should post safety warnings and fencing around swimming pools, which are considered a dangerous condition.
- Invitees, people who are on the property for business reasons, for instance a customer at a store, an employee, or a resident at an apartment complex. Property owners owe the highest level of care to invitees and must warn all visitors of known hazards and dangers and must reasonably inspect for any hazards and dangers.
Breach of Duty in Premises Liability
Once it's established that the property owner owed the visitor a duty of care, you must prove that the property owner/operator breached that duty. In other words, the victim must prove that the property owner acted negligently by failing to do one of the following:
- Maintain the property in a safe condition;
- Correct a known hazard; or/and
- Warn the plaintiff of the hazard.
Some property owners may claim that they did not know about the hazard. In those instances, the injured victim must show that the property owner should have known.
Causation in Premises Liability
Causation is an element of negligence in which the plaintiff or victim must prove that the unsafe property conditions caused the injuries. For instance, if you fall on jagged concrete outside of a store, you must show that your injuries were directly caused by the jagged concrete and you would not have fallen had that not been the case.
Damages in Premises Liability
The final element of negligence is damages or compensation for the injury. Damages include medical bills related to the treatment and rehabilitation after the injury, lost income due to the recovery from the injury and other intangible damages like pain and suffering. If you’ve been seriously or permanently injured, calculating the value of your claim for damages will require expert witnesses and testimony around future lost income and medical treatment.
Notice in Premises Liability Cases
An important element of a premises liability case is whether or not the property owner or operator knew about or should have known about the hazard or unsafe conditions. Constructive notice means that the property owner should have been aware of the dangerous condition that caused your injury. This can be a complex part of a case and rests on proving the property owner or an employer should have known because any reasonable person taking care of the property would have discovered the unsafe condition and remedied the situation.
Actual notice is more straight-forward. In this scenario, you or someone else has notified the property owner that a dangerous condition exists. However, the property owner did nothing to fix the situation and that failure resulted in your injuries. Perhaps the condition exists as a result of improper maintenance or repair but regardless, someone has reported the potential for accidental harm and nothing was done.
If you are injured on government property, you have an obligation to report your accident as soon as possible. For example, if you’re hurt on a college campus operated by the county or state, you must give appropriate notice after the incident. The law requires you to do so on a timely basis. In New Jersey, this time frame is very short -- only 90 days. If this relates to your scenario, consult with an experienced New Jersey premises liability attorney who can file a Notice of Claim.
New Jersey Statute of Limitation for a Premises Liability Lawsuit
In New Jersey, the deadline (statute of limitations) for filing a personal injury claim related to premises liability is two years from the date of injury. There is generally no exception to this deadline and if you were to file a claim, it would be immediately dismissed. If you, or someone you love was injured because of another’s negligence, it’s critical to contact a premises liability lawyer as soon as possible so that you don’t lose your right to file a claim permanently.
Brandon J. Broderick is Here for You 24/7
We get it. Whether it's a slip and fall accident caused by substandard snow and ice removal or an illness caused by toxic exposure, injuries and accidents that occur through no fault of your own can be devastating on your health, well-being, and finances. Not to mention cause worry, fear, and anxiety -- for you and your family. Wouldn’t it be a relief to know you could count on a trusted friend and advisor to passionately champion for you? Someone who’s got your best interests in mind?
At Brandon J. Broderick, Attorney at Law, we believe in exceptional client care, empathy, and results. That’s what makes us one of the best premises liability lawyers in New Jersey. With our long track record of success, you can count on us to take the best strategy and work tirelessly for your quality of life. Our attorneys have decades of experience representing accident and injury victims. We’ve helped people just like you turn their setback into a comeback.
Don't go it alone. We can help.
We have offices in River Edge, NJ; Ewing, NJ; Trenton, NJ; Jersey City, NJ, Paterson, NJ and Toms River, NJ. Our premises liability lawyers will come to you anywhere in New Jersey. Call (877) 448-7350