PREMISES LIABILITY
All property owners and businesses have a duty to provide a
safe environment for people on their property. If they fail to
do so and someone is injured as a result, they may be held responsible
for the injured person's medical expenses, pain and suffering,
and lost wages. A premises liability case might arise against
owners not only of commercial property, but private residences,
vacant lots and many other types of properties.
A property owner is not automatically responsible for an accident
simply because it happened. The property owner or party responsible
for maintaining the property may be held legally responsible,
or "liable," for that person's injuries, if the injuries
were the result of a dangerous condition that existed on the property.
Probably the most common type of premises liability situation
is where someone slips or trips and falls due to some defect or
hazard on another person's property. A classic example of this
is where a shopper in a grocery store falls due to a slippery
or wet substance on the floor. If the grocery store knew or should
have known about the substance, and failed to clean it up or warn
shoppers about the substance, then it might be liable for its
negligence. Other instances where premises liability might arise
include: broken or cracked sidewalks; trip and falls on stairs
or escalators; slip and falls on ice or snow that has not been
properly removed or treated; and where there are injuries caused
by dog attacks.
If you have been injured on someone else's property due to the
fault of another and are considering filing a claim against the
responsible party(ies), there are certain procedural matters that
you should discuss with an attorney experienced in this area of
practice.
First, the condition of property may be altered
shortly after an accident. It is important, therefore, to document
and photograph the dangerous condition as soon as possible.
Second, New Jersey has a "statute of
limitations," which means that a lawsuit must be filed
against the owner of private property within two years from
the date your "claim accrued," which is typically
when the injury occurred.
Third, if you were injured on public property,
there are mandatory regulations that require that the injured
person give formal notice of a potential claim to the appropriate
governmental entity involved within a very short period of time,
sometimes as little as 90 days from the date of injury. If you
fail to give the appropriate notice or bring your legal action
within the relevant time frames, you might lose your ability
to recover for your injuries. Prompt consultation with an attorney
is, therefore, essential.
The attorneys at Wilentz, Goldman & Spitzer will insure that
your claim is preserved and will utilize their vast resources
and personnel, including engineers and investigators, to discover
the cause of your fall, the parties responsible, and ultimately
obtain money damages to compensate you for the loss associated
with your injuries.
Your Legal Rights
If you, or someone you know, have been seriously injured in
dog attacks, by slip and fall or other premises liability incident,
contact our personal injury & premises liability lawyers now,
you may be eligible to file a claim.
