Princeton New Jersey Premises Liability Attorneys
Premises
liability is the area of the law that gives owners of stores and other public
accommodations the legal responsibility for injuries that occur because
they did not take reasonable care to make their property safe. The most
common type of premises liability injury is a slip-and-fall
injury, due to poor maintenance or construction, but others could include
inadequate security that led to violent crime, or an attack by a domestic
animal. Slipping and falling might sound like a minor, even humorous, accident,
but it can be very serious. The U.S. Consumer Product Safety Commission
reports that falls on floors and stairways send more than 2.2 million Americans
to emergency rooms each year. Victims could suffer permanent consequences,
including brain damage, paralysis, burn scars and soft-tissue damage. Many
of these injuries are preventable, with a little care from the person responsible
for maintaining the property.
A premises liability injury could take place in a business like a store or restaurant; a public street or other government property; or even a private home. The law generally gives property owners the responsibility for maintaining the public sidewalk right outside their doors, as well as their own property. However, property owners are not legally liable for an accident that the victim was entirely or mostly responsible for; the law gives everyone a duty to avoid obvious dangers. Owners are also not legally responsible for injuries that they couldn't have reasonably prevented, such as an oil spill that happened moments before it caused an accident.
Situations that commonly lead to a premises liability injury include:
- Wet and slippery floors
- Inadequate lighting that hides obstacles or invites crime
- Construction that leaves dangerous objects lying around or gaps in the floor and stairs
- Insufficient training of employees
- A malfunctioning elevator
- Failure to clear snow and ice, or failure to drain rain adequately
- Not restraining guard dogs sufficiently
- Failure to train security guards well enough
- Obstacles on a stairway
In order to win a New Jersey premises liability lawsuit, you should be able to prove that you took reasonable care to avoid being injured but were injured anyway; that the injury took place on the defendant's property; that the defendant knew or should have known about the hazard; and that the defendant did not fix the hazard within a reasonable amount of time. You should also be able to show a jury the extent of your injuries, which include your physical injuries as well as medical bills and other costs associated with the accident; the costs of time off work; any permanent impairment or reduction in quality of life the accident caused; emotional trauma; and pain and suffering. An experienced New Jersey premises injury lawyer, like the ones at Lependorf & Silverstein, can help you document and prove the extent of your injuries.
Law-abiding people should be able to go out in public, or to a friend's house, without fear of serious injury. If you or someone you care about was hurt in a premises liability accident, you have the right to hold the negligent property owner legally liable for your injuries. For a free evaluation of your case, call the Princeton office of Lependorf & Silverstein today and discuss your case with a New Jersey slip and fall attorney.
