East Brunswick Premises Liability Attorney

Millions of people are injured every year due to unsafe conditions on other people’s property. Slip-and-falls are one of the most common instances of accidents that take place due to unsafe premises. According to the Centers for Disease Control, “Each year, there are about 1 million fall-related hospitalizations among older adults. In 2019, 83% of hip fracture deaths and 88% of emergency department visits and hospitalizations for hip fractures were caused by falls.” Uneven and slick surfaces are one of the leading causes of falls.

But there are many other hazards that a person may be exposed to that may lead to an accident. For example, a person may be exposed to asbestos or other toxic substances in older buildings. A person may also be exposed to fire hazards at properties that fail to comply with the fire code. If you’ve been injured on another person’s property, the East Brunswick premises liability attorneys at Beninato & Matrafajlo are here to help. Our legal team can examine all of the unique facts of your case free of charge and let you know what your legal options are. You can contact our office anytime at 908-355-7100.

Common Examples of Premises Liability Claims

Premises liability claims may arise when someone is injured due to unsafe conditions. These conditions may have been created by the property owner due to their negligence. They may also be latent in the way that the property was created. What follows are some common examples of premises liability claims.

• Slip-and-Fall Accidents: Slip-and-falls are incredibly common. They tend to occur when a property owner fails to address hazards such as wet floors, icy sidewalks, and uneven surfaces.
• Inadequate Maintenance: Property owners are responsible for maintaining their property in order to ensure safety. Claims may arise if a person is injured by broken stairs, faulty railings, or poorly maintained lighting. Property owners may be liable for accidents when they fail to perform needed repairs or maintenance.
• Negligent Security: Property owners must also protect people from reasonably foreseeable criminal acts such as assault. This may require the property owner to hire security guards or take other security measures. If a lack of security measures contributes to an injury, this could form the basis for a premises liability claim.
• Dog Bites: Property owners can also be liable if their dog bites someone on their property. Dog bites in New Jersey are covered by New Jersey Statutes section 4:19-16. Pursuant to the statute, dog owners are liable if their dog bites someone in a public or private space, regardless of any prior indications of the viciousness of the dog.
• Swimming Pool Accidents: When a property has a pool or other body of water, owners have to take certain measures in order to mitigate the risk that someone will drown. Owners must be particularly cautious in the event that children could fall in the water.
• Fires: Injuries that are the result of fires or explosions could give rise to a premises liability claim. Property owners must abide by all fire and building codes. This may necessitate installing smoke detectors, fire extinguishers, and fire escapes. It also requires that steps are taken in order to prevent fires from starting in the first place.
• Toxic Exposure: Exposure to toxic substances such as asbestos, lead, mold, and chemicals can lead to serious health problems. Property owners who fail to address or warn about these dangers could face liability.

When a property owner has actual or constructive notice about a dangerous condition with their property, they must take action. A property owner will have actual notice of a dangerous condition if someone tells them about it. Or a property owner may have constructive notice of a condition when the condition is so obvious that they should have known about it.

Liability for New Jersey Premises Liability Claims

Property owners have a legal obligation to maintain their premises in a reasonably safe condition. Plaintiffs in New Jersey must establish that a property owner had a duty of care, which they breached. According to Townsend v. Pierre, 221 N.J. 36 (2015), the extent of the duty owed will depend on whether the plaintiff was an invitee, guest, or trespasser. In general, New Jersey property owners do not need to protect trespassers very much. Several different entities could be held responsible in a premises liability claim.

• Property Managers: There are certain occasions when a property owner delegates responsibility for the maintenance of a property to a property manager. They could be liable for an accident if they failed to perform their job duties.
• Government Entities: Pursuant to NJ Rev Stat § 59:4-1 (2023), a government entity such as a city or county could be liable for a dangerous condition on public property. This could include instances where a crack on a public walkway causes people to trip.
• Contractors and Maintenance Companies: A contractor or a maintenance company could be liable if they create a hazard through their neglect or positive actions.
• Business Owners: All business owners must ensure that their establishments are safe for customers and employees. Accordingly, they must perform regular cleaning and maintenance.
• Property Owners: Property owners could also be liable for accidents that take place on their property. They must take action to mitigate known and foreseeable sources of harm.

There could be numerous sources of liability for any accident that takes place on a property. It is common for several different parties to bear some responsibility. However, it is also very common for property owners and their affiliates to deny responsibility if someone is injured by their wrongful actions. This is why it is so important that evidence is properly preserved after any injury in a public or private space.

Common Injuries Sustained In Premises Liability Claims

Accidents can lead to very serious and costly injuries. This is particularly true for falls. According to the World Health Organization, “Falls are the second leading cause of unintentional injury deaths worldwide. Each year an estimated 684 000 individuals die from falls globally of which over 80% are in low- and middle-income countries.” There are a number of injuries associated with premises liability claims.

• Fractures: A number of people injured in accidents sustain fractures. These can range from hairline fractures that heal on their own to more serious fractures that may necessitate surgery.
• Spinal Cord Injuries: Falls, car accidents, and entrapment accidents can cause major damage to a person’s spine. In the most severe cases, this can result in paralysis.
• Traumatic Brain Injuries: If a person hits their head, this can result in a traumatic brain injury (TBI). These injuries can severely affect a person’s overall quality of life and can even lead to neurodegenerative illnesses.
• Psychological Trauma: Victims of serious accidents may suffer from post-traumatic stress disorder (PTSD). In particular, victims of assault are likely to be left with long-term PTSD.
• Dog Bites: Dog attacks can lead to traumatic injuries, including bite wounds, infections, and crush injuries.
• Amputations: Car accidents and construction accidents routinely lead to amputations. For example, many people have lost arms or legs after their vehicle has been impaled by defective guardrails.
• Toxic Exposure: Prolonged exposure to dangerous substances in a property can lead to a variety of different illnesses, such as cancer, immune disorders, and kidney disease.

Many of the injuries associated with premises liability claims may not be immediately obvious. An accident can leave victims filled with adrenaline, which may mask the presence of more serious injuries. In many cases, the full extent of a person’s injuries may not be properly understood until many months or years after an accident. This is one of the reasons it is crucial to seek medical support as early as possible after any accident.

Why You Should Hire A Premises Liability Attorney

Going through any type of accident due to the neglect of a property owner can be traumatic. Victims can be left with life-altering injuries that affect their ability to be gainfully employed. Many are saddled with high amounts of medical debt. It is crucial that any person injured by defective property seek legal counsel as early as possible. There are a number of key advantages that come with hiring a premises liability attorney.

• Expertise In The Law: Premises liability claims can be complex and vary depending on the unique facts of any incident. An attorney with expertise in premises liability claims will understand what specific laws apply to your case, thereby ensuring all legal avenues are explored.
• Determining Liability: Establishing who is legally responsible for your injuries can be a challenging prospect. A skilled attorney can gather evidence and properly investigate the incident to determine who is responsible.
• Maximizing Compensation: An attorney is directly incentivized to help get you the maximum compensation for your injuries. This includes compensation for lost wages, medical bills, and pain and suffering. By contrast, insurance providers have the exact opposite set of incentives.
• Trial Representation: Most cases settle out of court before they ever go to trial. But if a case goes to trial, it is important to have a skilled trial advocate that can litigate your case on your behalf in order to get a favorable outcome.
• Contingency Fees: Unlike most other lawyers, premises liability attorneys get paid on a contingency fee basis. In other words, they only get paid by the opposing party if they are able to successfully resolve your case.

There is tremendous peace of mind that comes with having a skilled attorney advocate for you. Property owners and their insurance providers will do everything in their power to avoid responsibility if someone is injured by defects on a property. An attorney helps provide the needed counterbalance. They will ensure that your legal interests are taken into consideration at all steps of the legal process.

Getting Legal Help For A Premises Liability Claim

The East Brunswick premises liability attorneys at Beninato & Matrafajlo are committed to helping accident victims get the support and justice that they are owed. In fact, we have consistently achieved some of the highest verdicts and settlements for our clients. When you hire our law firm, you can rest assured that we will do everything in our power to get you the best outcome possible.

If you or someone that you care about has been injured due to the neglect of property owners, you may have legal recourse. Our legal team understands how difficult it can be to move forward after an accident. They will do everything in their power to hold the responsible parties accountable for their actions. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to our office anytime at 908-355-7100.