Monmouth County NJ Premises Liability Lawyers

New Jersey enforces a legal obligation on commercial and residential property owners to ensure the safety and security of visitors, tenants, patrons, employees, and others who may pass through their premises. This realm of the law, known as premises liability, protects anyone who is present on the property for a legitimate purpose. Due to its broad application, premises liability law may be applied in cases involving construction accidents, slip-and-fall incidents, injuries that result from inadequate security, and many others. Under premises liability law, property owners must take reasonable measures to prevent hazardous conditions or to restore safety if circumstances present a potential danger. In essence, if the property owner fails to take reasonable measures to ensure that you can safely operate on their premises, for example, by removing snow or ice from walkways, then he or she may be held liable for damages that you incur as a result of your injuries. Damages can encompass many factors, including compensation for medical costs, lost wages, rehabilitative treatment, and pain and suffering. In order to ensure that you receive the compensation you deserve, it is critical to enlist an experienced premises liability attorney who can aggressively advocate for your interests.

At Chamlin, Uliano & Walsh, our legal team includes several attorneys who are certified by the New Jersey Supreme Court as Civil Trial Attorneys. Additionally, Partner Charles J. Uliano is one of the select few among 80,000 attorneys in the state of New Jersey who holds a dual certification from the New Jersey Supreme Court as a Civil and Criminal Trial Attorney. Kenneth W. Chamlin, another one of our partners, is the former Chairman of the Monmouth County Workers’ Compensation practice division. He now leads our Workers’ Compensation and Disability Practice, utilizing his decades of experience to achieve the best possible outcomes for our clients. A number of our attorneys have been recognized for their excellence by independent organizations including Martindale-Hubbell and Super Lawyers. For instance, Mr. Uliano has received the highest rating attainable from Martindale-Hubbell. He has also been designated a Super Lawyer each and every year since 2007. With our extensive knowledge and experience, we have achieved millions of dollars in verdicts and settlements for countless injured victims. Contact our Monmouth County offices today at 732-440-3950 for a cost-free case evaluation and learn more about how we can put our resources to work for you. 

Hazardous Conditions and Premises Liability in New Jersey

New Jersey premises liability law relates to the course of conduct required to effectively maintain the safety of a property and to abate potential hazards on a given property. Property owners are bound by the following obligations:

1. To identify potential hazards on their properties;
2. To take corrective measures in a timely manner after learning of these hazards; and
3. To warn visitors, patrons, employees, and passers-by of these dangers.

Essentially, this means that owners are responsible for ensuring that guests, patrons, or residents are provided with a safe and secure area when legitimately on their premises. The following are some measures that may be required to ensure safety on the premises:

• Shoveling snow, salting icy walkways, and warning of potential fall hazards
• Cleaning up spills in supermarkets, stores, and restaurants
• Providing security in areas where criminal activity may pose a threat
• Correcting building code violations
• Removing toxic substances (i.e. lead paint)
• Confining dogs with a fence and/or leash and posting “beware of dogs” signage
• Providing proper lighting to prevent accidents or criminal behavior
• Erecting proper fencing around swimming pools
• Replacing faulty locks on doors and gates
• Avoiding the negligent service of alcohol

Sites of New Jersey Premises Liability Claims

Premises liability law can be applied in a wide range of cases, as these incidents occur in a vast array of locations, affecting victims from all walks of life who are engaged in activities for a variety of reasons. For instance, if you are a tenant in an apartment building whose child suffered from lead poisoning, you may have grounds for a premises liability lawsuit against your landlord. On the other hand, if you are walking through a grocery store and there was a spill in an aisle that caused you to fall and become injured, the store may be found liable. The following are some of the most frequent sites of premises liability claims in New Jersey:

• Residential properties, including apartment buildings, condos, and single-family homes
• Commercial properties, including:
  • Retailers and shopping malls
  • Supermarkets and grocery stores
  • Bars and restaurants
• Construction sites and other places of employment
• Schools and playgrounds
• Stadiums, conference centers, and event venues
• Hotels, resorts, and casinos
• Swimming pools
• Amusement, water, and trampoline parks

Establishing Duty of Care and Failure to Uphold Property Owner Responsibilities

Property owners are required to take reasonable care to ensure their property does not pose a threat to people on the premises.  They must warn visitors of any dangers while taking the necessary steps to correct the issue.  Those who are negligent do not uphold a duty of care to those who enter the property and can be liable for the harm caused therein.  To prove negligence, it is not enough to show there was a danger to visitors on the property.  It must be demonstrated that the owner was conscious or should have been conscious of the defect or danger and did not warn visitors or failed to take the necessary steps to correct the problem.

Foreseeability is the property owner’s ability to see ahead of time that particular hazards could lead to harmful consequences. Examples of foreseeability range from water on the floor in the produce section of the grocery store due to sprayers that are commonly used to mist fruits and vegetables, to melting ice and snow after a storm that may foreseeably cause a fall or another accident in a retailer’s parking lot.

Understanding Property Access: The Three Visitor Categories

Three categories of visitors are used to gauge premises liability in personal injury cases.  A property owner is legally obligated to offer different levels of safety and protection depending on the reason the individual is on their property.  These categories are invitees, licensees, and trespassers.

1. Invitees:

Invitees are people who visit the property because their presence is solicited by the landowner.  These can be shoppers, hungry foodies, gym members and visitors, and many more.  They are there usually to conduct a business transaction of some sort and are of economic benefit to the property owner, who owes them the highest level of duty of care to protect them from danger or injury.

2. Licensees:

A licensee is someone who is allowed on the property but not for the owner’s benefit.  The most common example is friends or family who come to visit.  The owner can be held liable for danger issues that they were aware of (or should have been) which the licensee may not notice.  The owner is responsible for pointing out these issues.  For example, a dry well in someone’s backyard could be hazardous, and guests should be informed so they do not fall.

3. Trespassers:

Trespassers are not invited to a property to economically benefit the property owner.  Examples of trespassing could be as benign as someone walking through a backyard as a shortcut or more nefarious as entering a property to vandalize it.  In either case, if there are artificial conditions that could logically harm someone, a property owner must warn the trespasser about them.  These conditions include guard dogs and electric fences.

Recoverable Damages in Premises Liability Cases

A premises liability lawsuit affords several different types of damages.  Present and future medical expenses, lost wages and benefits,  and pain and suffering are included.  Compensation for emotional distress, pain and suffering, loss of consortium, and diminished earning capacity due to your injury can also be obtained depending on the nature and extent of the injuries and particular circumstances of your case.

Legal Deadlines to File a Premises Liability Claim in New Jersey

If you have been injured due to someone’s negligence, there is no time to lose.  The statute of limitations is two years from the date of your accident, unless the accident occurred on property owned by a government or public entity, in which case the deadline to file a claim is substantially shorter, giving you only 90 days to act. Regardless of who can be held liable for your accident, preparing a premises liability case is a complex task that requires skillful navigation of many moving parts.  These claims have nuances requiring exceptional knowledge of the law and case preparation, so it is essential to take action as soon as possible.

Contact Our Monmouth County NJ Personal Injury Attorneys for Answers

If you or someone you love has been injured as a result of a hazardous condition on someone’s property in New Jersey, understanding your rights and your legal options is essential to advocate for your interests and receive the compensation that you deserve. Every case is unique and requires the investigative resources that our attorneys at Chamlin, Uliano & Walsh can provide. With over 50 years of experience, our accomplished premises liability lawyers understand that the best cases are those built solidly with clear evidence and arguments. Our team is passionate about serving our clients to the best of our abilities and securing the most favorable results. To find the answers to your questions and receive an honest assessment of your premises liability case, contact our seasoned New Jersey personal injury lawyers today at 732-440-3950 or complete our online form to get started.