Premises liability law requires landlords to make their grounds reasonably safe for visitors by taking steps to discover unsafe conditions and either remove them or provide adequate warning about them. But what happens when a landlord knows a hazard exists, but does little or nothing to remediate the situation because the hazard is readily apparent? Is a landlord blameless when he relies on a visitor’s good sense to avoid a danger that is “open and obvious”? In many cases, the answer is yes, which means an injured plaintiff cannot recover damages.
Take, for example, the case of the sizzling skillet. When a customer bowed his head over the hot plate to pray before eating, grease from his steak fajita popped up and burned his face. A New Jersey appellate judge ruled the hot skillet was an “open and obvious” danger, so Applebee’s had no duty to warn the customer against lowering his face over it.
In premises liability cases where the landlord offers an “open and obvious” defense, the court must examine the facts to answer the following questions:
Premises liability cases often involve competing interpretations of numerous facts and circumstances. It is an attorney’s job to make his client’s behavior seem reasonable under the totality of the circumstances and to show how the opposing party was unreasonable. Injured plaintiffs only have to prove their case by a preponderance of the evidence, but convincing a judge or jury can still be a formidable task.
If you are injured by the unsafe condition of someone’s property in Bergen County or anywhere in New Jersey, consult an experienced attorney at Seigel Law as soon as possible. Contact us online or call 201.444.4000 today for a free case evaluation.
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By Teresa R Perez - January, 2018
I have had a great experience thus far. The personal injury process is stressful and they have been helpful and courteous in getting me the right referrals. I was injured while visiting NJ and live in another state, my case is not an easy one but they are working diligently to help. I appreciate the personalized attention and highly recommend this firm.Read More
By Miriam Smith-Leone - December, 2017
The law office was great with my back and neck injury. They directed me to the right doctors and got me a huge settlement. Being a single mom, it help pay off all my debt and bills. Me and my kids can have a bill free christmas, with plenty of food and happiness, stress free. They are the best ever and I would highly recommend them to anyone rich or poor, who has been in an accident and need legal help...Read More
By L C - October, 2017
After the misfortune of suffering an injury, I had the good fortune to choose Seigel Law to represent me. During my initial meeting with Jan Seigel, I found him to be extremely confident and reassuring---he totally put me at ease. I was represented by Mark Mc Bratney---an EXCELLENT attorney. He was supportive and professional through the entire process, and provided an excellent outcome for my case.Read More
By Liliana Paredes - October, 2017
Honest, trustworthy and very straight forward. In unvarnished truth Jonas Siegel will tell you exactly where you stand and what direction you should go. Jonas has tenacity coupled with a degree of tenderness, but never losing site of the end goal, which is to protect, defend and have the best outcome for his clients. I defenetly recoment this law firm. Thanks for helping me out in my case.Read More
By Oren Goldshmidt - September, 2017
I'd like to thank everyone at segal law for the amazing experience they provided me. From the moment I stepped in to the end of the case , segal and his team delivered exactly what they promised. I couldn't have received any better treatment from a law firm. Any concerns, questions or problems I had were addressed and dealt with accordingly...Read More
"The lawyers at Seigel Law know how to get you the results you want. Jan Seigel and His team returned every one of my phone calls, listened to me and worked with me to a desirable outcome. Seigel Law definitely goes above and beyond to protect the injured." - B.M.
"After my car accident, my life turned into a disaster. Dealing with everything became impossible. Jan Seigel and his people helped me with every aspect of my injuries and the insurance companies so I could focus on healing. They helped me through everything and they got me what I was due." - M.P.
"I found the personnel to be very efficient, and work very quickly. I'm happy that I was referred to this firm, because I found that I was very comfortable working with them." - F.V.
"Amazing. I have to say they were very supportive and were able to give me tons of information. I didn't feel rushed and felt they truly cared about my well-being. Their website is also extremely helpful and well setup." - T.D.