Consult a Clifton premises liability lawyer when you have been hurt at the store, another person’s home, or another public space. Seigel Law gathers the evidence you need to build a strong case that can get results. The Clifton personal injury lawyer assigned to your case can provide guidance and prepare you for what steps to take in your case.
Protecting Property Injury Victims
Seigel Law helps clients who have been hurt in a personal injury accident, such as a property accident. Having your trust in a property owner broken and your health jeopardized is a serious violation that can create many challenges. A premises liability attorney in Clifton ensures that you receive legal protection and advocacy so you can file a claim and hold property owners accountable.
Understanding Duty of Care Under New Jersey Premises Liability Law
Property owners have a duty of care to ensure guests are safe on their premises. This includes promptly fixing hazards, conducting regular maintenance, and warning guests about a dangerous condition. Property owners can be held liable when they do not execute their responsibilities as required by the law, especially if they know about something that could cause harm. A premises liability lawyer in Clifton can also help you hold them liable if they should have had reasonable knowledge.
Visitor Classifications: Invitees, Licensees, and Trespassers
Invitees, licensees, and trespassers are three different visitor classifications for guests on a property in New Jersey. Property owners owe each one a different duty of care. For example, invitees visit properties for a purpose that is beneficial for both parties, such as groceries and retail. Licensees are often social guests on a property, such as family or friends. Finally, trespassers are on the property without consent.
Invitees are owed the most care on a property. Licensees are owed limited care and should be warned about potential dangers. In most situations, trespassers are not owed a duty of care since they have no right to be on the property. A premises liability attorney near you can help determine your classification and rights in a claim.
Common Types of Premises Liability Cases in Clifton
Premises liability cases in Clifton are triggered by different situations and dangers. These incidents can cause serious injuries and lasting harm. Insufficient action, poor maintenance and property inspections, and insufficient safety measures can contribute to these accidents. Some common types of premises liability cases can include:
- Slip and fall accidents
- Inadequate security measures (e.g., poor lighting, broken surveillance, and insufficient or poorly trained security personnel)
- Swimming pool accidents
- Dog bite injuries
- Damaged fencing
- Unsecured objects
- Elevator and escalator accidents
Consult a premises liability attorney near you if you have been hurt in any of these situations. You can even work with a New Jersey car accident lawyer if you were hurt because of an unsafe parking lot or private road. We can review your case and help you determine if you have a case against the property owner. If so, we help you build a case to establish their liability.
Proving Fault and Negligence on Commercial and Residential Property
To demonstrate that a commercial or residential property owner is at fault for your accident, you must show that they were negligent and that they were the direct cause of your accident. A premises liability lawyer in Clifton is adept at navigating this process and showing the elements needed to establish negligence. This includes showing that:
- The property owner owed you a duty of care to keep you safe and must show the scope of their duty to you
- The property owner had knowledge of the hazard and did nothing to fix it or warn you of it
- The property owner caused the accident because they did not take steps to resolve the issue
- You were injured and suffered preventable losses because of the property owner’s actions
Our attorneys gather evidence to support each element, so every part of your claim is backed up. We investigate their duty based on visitor classification, review surveillance footage or document the lack thereof, review maintenance and inspection logs, past incident reports, and discrepancies between a property owner’s actions and the codes governed by the New Jersey Department of Community Affairs.
Recoverable Damages in a Clifton Premises Liability Lawsuit
A settlement from a premises liability lawsuit can provide you with compensation for a variety of losses. Compensation helps you settle outstanding expenses, potential medical liens, and changes to your life. Losses that are commonly recoverable in these cases include:
- Cost of medical treatment, surgeries, and medical equipment
- Physical and occupational therapies for rehabilitation
- Lost income from a temporary or permanent change in your ability to work
- Personal belongings that were damaged
- Pain, suffering, and emotional distress
- Lost quality of life and enjoyment
- Disfigurement, disability, and/or loss of consortium
Talk to a premises liability attorney in Clifton about the specific losses that apply to your situation and what you can pursue as part of your claim. Seigel Law also works diligently to catalog all of your losses properly, calculate them accurately, and aggressively negotiate for fair and maximum compensation.
New Jersey’s Modified Comparative Negligence Standard in Property Claims
Property accidents can happen because of a combination of a property owner’s and guest’s negligence. When this occurs, each party’s contribution to the accident must be determined to understand how fault and compensation are distributed. This is often represented by a percentage that, when added together, equals 100%. According to New Jersey Statute § 2A:15-5.1, parties whose fault is 50% or less can recover damages reduced by their fault, while those 51% and above cannot recover damages at all.
In a property accident, this could look like property owners failing to warn of or remedy a spill and a guest not watching their surroundings because they are distracted. If the guest was an invitee, then the property owner may bear more of the fault for the accident. However, property owners can try to shift fault percentages so you cannot recover compensation or are entitled to less. This makes it critical for a premises liability lawyer in Clifton to fight back and protect your rights so you do not lose compensation.
Why Work With Seigel Law for Your Clifton Premises Liability Case
Seigel Law has 50 years of experience and an extensive history of securing results for clients. When you are dealing with injuries and pursuing a premises liability case, we provide invaluable support, effective strategies, and a commitment to justice that can help you get the results you need. We are not afraid to go up against large companies or file a lawsuit with the New Jersey courts in our efforts to win your case. You are our top priority, and we provide you with exceptional service and advocacy.
Hire a Legal Team That is Dedicated to You and the Success of Your Case
Talk to Seigel Law when you have been injured on commercial or residential properties. We can evaluate your accident to determine if you have a case and what may be needed to secure compensation. Our team is dedicated to you and to ensuring you have an evidence-backed claim that can get results. Schedule a free consultation with a premises liability attorney in Clifton when you contact us today.
Frequently Asked Questions (FAQ)
What is the difference between an invitee and a licensee in New Jersey property law?
Under New Jersey property law, invitees are guests who share a mutually beneficial purpose with the property owner, such as business dealings or purchasing goods that the property owner is selling. Licensees are typically on a property for social purposes. Aside from the nature of their purpose, a property owner’s duty is the biggest difference between the two. Invitees are owed a greater duty of care than licensees.
What should I do if I slipped and fell at a commercial store in Clifton?
If you slip and fall at a store in Clifton, you should file an incident report with the store so there is a written record of the accident and its details. You should also take photos and talk to witnesses so you have evidence for your claim. You should also get a medical examination and treatment, and keep your medical records for evidence.
How long do I have to take legal action for a property injury in New Jersey?
You generally have two years to file a claim for a property injury, according to New Jersey Statute § 2A:14-2. It is important not to take this time for granted, as waiting can affect your claim. The sooner you initiate your claim, the stronger your case can be and the more peace of mind you have that you are not risking your right to take action. Additionally, accidents that occur on government-owned property have different deadlines and processes, so early action can protect your rights if this situation applies to you.
Can I sue a private homeowner in Clifton if I was injured on their property?
If a private homeowner was negligent in their duty to maintain their property or warn you of potential dangers, then you may be able to sue them for damages for the harm you suffered. In these situations, you must be able to provide evidence that the homeowner did not take the necessary steps to prevent injury. A premises liability attorney near you can help you navigate the legal requirements of your case and pursue compensation.