Woodbridge Premises Liability Attorneys

Understanding Premises Liability Claims in New Jersey

When you go onto public premises or are invited over to a private residence, the owner of the property has a certain responsibility to ensure you are safe. This means taking care of any necessary maintenance or repairs so that your safety is not on the line. However, many homeowners and business owners fail to do so, leading to serious accidents and injuries.

At Palmisano & Goodman, P.A., our Woodbridge premises liability attorneys advise people about their rights in matters involving personal injuries on another party's property. Our firm has more than 100+ combined years of experience representing lawsuits for damages related to dangerous property conditions ranging from falling accidents to ice and snow hazards.

Call our Woodbridge premises liability attorneys at (732) 709-4400 or contact us online to get started on your case with a free consultation. You don't pay unless we win your case.

New Jersey Premises Liability Laws

Premises liability refers to the legal responsibility that property owners or occupiers have for injuries or accidents that occur on their premises. This area of law holds individuals or entities accountable for maintaining a safe environment for visitors, customers, tenants, or others who enter their property. Premises liability cases typically arise when someone is injured due to unsafe or hazardous conditions on a property.

To succeed in a premises liability claim in New Jersey, you must prove the following elements:

1. Duty of Care: Property owners owe a duty of care to individuals who enter their premises. The level of care owed depends on the visitor's status, which is generally categorized into three groups:
   •     Invitee: Someone who is invited onto the property for business purposes, such as customers in a store. Property owners owe them the highest duty of care.
   •     Licensee: Someone who is allowed to enter the property for social reasons, such as a guest. Property owners owe them a moderate duty of care.
   •     Trespasser: Someone who enters the property without permission. Property owners owe them the least duty of care but still cannot intentionally cause harm.
2. Hazardous Conditions: Property owners are required to keep their premises reasonably safe and free from hazardous conditions. If a hazardous condition exists, the property owner must either fix the problem or adequately warn visitors about it.
3. Notice of Hazards: Property owners may be held liable if they knew or should have known about a hazardous condition on their property and failed to address it. Constructive knowledge may be established if the condition existed for a sufficient amount of time that the owner or occupier should have discovered and addressed it.
4. Proximate Cause: To establish liability, the injured party must demonstrate that the property owner's negligence was a proximate cause of their injury. This means there must be a direct link between the unsafe condition and the harm suffered.
5. Damages: Lastly, the injured party suffered damages or losses as a result of the accident. Common types of damages include medical expenses, lost income, pain and suffering, emotional distress, etc.

New Jersey follows a modified comparative negligence system. If an injured party is found to be partially at fault for their injuries, their compensation may be reduced by their percentage of fault. However, if the injured party is found to be more than 50% at fault, they may be barred from recovering any damages.

The injured party generally has two years from the date of the injury to file a lawsuit. Failing to file within this time frame may result in the loss of the right to pursue a claim.

Common Premises Liability Accidents in New Jersey

If your injury occurred on a friend's property, it is important to remember that you are dealing with an insurance issue, not a personal issue. When you are hurt on public property, such as in the supermarket or at the bank, the owner is responsible for handling your medical bills and related expenses. However, they may try to talk you into taking a settlement. Ensure that your legal and financial rights are protected by hiring a Woodbridge premises liability attorney to hire you.

We represent people whose accident claims relate to any of the following situations:

• Accidents Due to Inadequate Security
• Apartment Building Accidents
• Daycare & School Injuries
• Dog Bites & Animal Attacks
• Elevator & Escalator Accidents
• Slip & Fall Accidents
• Snow & Ice Hazards
• Stairway Falls
• Swimming Pool Accidents
• Trip & Fall Accidents
• Falls in unsafe stairwells or unlit hallways.
• Accidents on private property due to structural defects or improper building maintenance.
• Accidents at amusement parks, swimming pools, or other recreational facilities.
• Assault in a parking garage or parking lot due to inadequate security.
• Injuries suffered on the job.

Who Can Be Held Liable in Premises Liability Cases?

Various parties can potentially be held liable in a premises liability lawsuit, depending on the specific circumstances and the legal relationship they have with the property. Here are some common entities that may be held responsible in premises liability cases:

• Homeowners: Individuals who own residential properties can be held liable for injuries that occur on their premises.
• Business Owners: Owners of commercial establishments, such as retail stores, restaurants, or office buildings, may be held responsible for injuries suffered by customers or visitors.
• Property Managers or Landlords: In cases where the property owner has delegated responsibility for maintenance and safety to a property manager or landlord, these individuals or entities may be held liable for injuries that result from negligence in property upkeep.
• Tenants or Occupiers: Tenants who have control over certain aspects of the property, such as maintenance or repairs, may be held liable if injuries occur due to their negligence.
• Government Entities: Public entities, including municipalities or government agencies, may be held liable for injuries that occur on public property if they fail to maintain safe conditions. However, there are often specific legal requirements and limitations when bringing a lawsuit against a government entity.
• Contractors or Maintenance Companies: If a third-party contractor or maintenance company is hired to perform work on the property and their negligence leads to injuries, they may be held responsible.
• Product Manufacturers: If a defective product on the premises causes an injury, the manufacturer of that product may be held liable under product liability laws.
• Security Companies: If inadequate security measures contribute to injuries on the premises, the company responsible for providing security may be held liable.
• Business Operators or Lessees: In cases where a business operates on leased property, the business operator or lessee may share liability with the property owner, depending on the terms of the lease and the responsibilities assigned to each party.

Determining liability in a premises liability case often involves assessing the specific facts surrounding the incident, including the nature of the hazard, the relationship between the injured party and the property owner or occupier, and the degree of negligence involved. Consulting with a legal professional is crucial for individuals seeking to pursue or defend against a premises liability lawsuit to ensure a thorough understanding of their rights and obligations under the law.

Compensation from a Premises Liability Claim

Premises liability accidents can cause serious and long-lasting injuries—ranging from fractures and concussions to spinal cord injuries or burns. Victims may be entitled to recover compensation for both economic and non-economic losses, including:

• Medical expenses (past, current, and future treatment)
• Lost income and loss of earning capacity
• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of enjoyment of life
• Property damage, if applicable

In cases involving gross negligence or reckless behavior, such as ignoring known safety violations, courts may also award punitive damages to punish the at-fault party and deter future misconduct.

Importance of Legal Representation in Premises Liability

Selecting the right legal representation is crucial in premises liability claims, especially given the specific laws and regulatory nuances in New Jersey. A well-versed attorney with extensive experience can thoroughly investigate the incident, efficiently determine liability, and navigate complex legal frameworks. Palmisano & Goodman, P.A. offers more than 100+ combined years of experience, featuring a deep understanding of local statutes and proven experience in handling similar circumstances. This depth of experience is invaluable in identifying all liable parties and maximizing compensation on behalf of clients.

Frequently Asked Questions About Premises Liability

What should I do after an accident on someone else’s property?

Report the incident to the property owner or manager, take photos of the hazardous condition, collect witness contact information, and seek medical attention immediately. Then, contact a Florida premises liability lawyer as soon as possible.

Do I need an attorney for my premises liability claim?

Premises liability cases often involve complex legal and factual issues. An attorney can help gather evidence, handle communications with insurers, and advocate for the maximum compensation available.

How much is my premises liability case worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and long-term impact on your quality of life. Our team can assess your situation and provide a detailed estimate during your free consultation.

What types of properties can be involved in a premises liability claim?

Premises liability claims can arise from incidents at almost any type of property, including grocery stores, restaurants, apartment complexes, hotels, offices, parking lots, private homes, and public spaces like parks or sidewalks.

What if the property owner claims they didn’t know about the hazard?

In Florida, property owners can still be held liable if they should have known about the dangerous condition through regular inspections or reasonable maintenance. Actual knowledge isn’t always required to prove negligence.

How do I prove that a property owner was negligent?

Evidence such as accident reports, photos or videos of the hazard, maintenance logs, witness statements, and expert testimony can help establish that the owner failed to maintain safe conditions or warn of known risks.

Can I sue my landlord for a premises liability injury in my apartment complex?

Yes, if your injury was caused by your landlord’s failure to maintain safe conditions—such as broken stairs, poor lighting, or lack of security—you may have a valid claim under Florida premises liability law.

What if my child was injured while trespassing?

Under Florida’s attractive nuisance doctrine, property owners can be held responsible if a child is injured by something that could attract them—such as a swimming pool, trampoline, or construction equipment—even if the child was technically trespassing.

Are businesses automatically responsible for injuries on their property?

Not necessarily. You must show that the business knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn visitors.

How long does it take to settle a premises liability claim in Florida?

The timeline varies depending on the complexity of the case, the severity of your injuries, and the insurance company’s willingness to settle. Many claims are resolved in a few months, while others may take a year or more if litigation is required.

What if I was injured at a friend’s house—should I still file a claim?

Yes, if your friend’s negligence caused your injury, you may file a claim against their homeowner’s insurance policy—not your friend personally. This helps you recover compensation without creating financial hardship for them.

Can I recover damages if the hazard was “open and obvious”?

Possibly. While property owners are generally not liable for open and obvious dangers, there are exceptions—especially if the danger was unavoidable or if the owner’s negligence made the situation more hazardous.

Contact Our Premises Liability Lawyer in Woodbridge Today

If you or a loved one has been injured due to unsafe property conditions, you deserve skilled legal guidance to pursue justice and fair compensation. At Palmisano & Goodman, P.A., our Woodbridge, NJ, premises liability attorney is here to provide the dedicated representation you need. Whether your case involves a slip and fall, inadequate security, or another type of dangerous property issue, we are ready to fight for your rights. Contact us today for a free consultation to discuss your case and learn more about how our team can help. 

If you or someone you love was injured on another's property, get in touch with our premises liability attorneys in Woodbridge, NJ for a free consultation. Call (732) 709-4400 or contact us online.