When you suffer an injury on someone else’s property due to unsafe conditions or negligence, you may pursue compensation. At Brach Eichler Injury Lawyers, our New Jersey personal injury lawyers work with clients injured on unsafe property. We hold negligent property owners accountable and recover compensation for your injuries. Whether you’ve experienced a slip and fall accident or other premises liability incident, our team is ready to help.
Why Choose Brach Eichler Injury Lawyers for Your Premises Liability Case
Brach Eichler Injury Lawyers brings decades of experience and strong results to premises liability cases. Our firm has recovered millions of dollars for injured clients across New Jersey. Our attorneys have earned recognition in personal injury litigation and are committed to your recovery.
- Certified Civil Trial Attorneys: Our founding partner, Edward P. Capozzi, and partner Alex S. Capozzi are both Certified Civil Trial Attorneys by the New Jersey Supreme Court. This certification is held by less than 2% of New Jersey attorneys. It reflects their trial experience in complex personal injury cases. Both attorneys are recognized by Super Lawyers and Best Lawyers in America.
- Strong Track Record: Alex S. Capozzi secured a $2.75 million jury verdict in Nagy v. Outback Steakhouse, which ranked as the 13th highest jury verdict in New Jersey for 2024. Jeremy L. Hylton recovered $3.6 million in a slip and fall case in Atlantic City. These results show our ability to recover substantial compensation for premises liability victims. Our case results demonstrate our commitment to maximizing client recovery.
- Decades of Experience: With over 50 years in business, Brach Eichler Injury Lawyers has handled thousands of personal injury cases. Our attorneys know New Jersey premises liability law and how to build compelling cases for juries. We understand the nuances of property owner liability and how to hold negligent property owners accountable.
- Statewide Presence: We maintain 10 office locations across New Jersey, including Roseland, Paramus, Jackson, New Brunswick, Jersey City, Clifton, Newark, Elizabeth, and Trenton. This allows us to serve clients throughout the state conveniently.
- No Upfront Costs: We represent clients on a contingency fee basis. You pay nothing unless we recover compensation for you. This arrangement ensures financial constraints never prevent you from pursuing justice. Our contingency fee model protects your financial interests.
- Client Satisfaction: Our clients consistently rate us 4.9 out of 5 stars on Google, with over 5,900 reviews. This reflects our commitment to compassionate, aggressive representation focused on your recovery. We are proud of our client testimonials and the trust our clients place in us.
What Is Premises Liability in New Jersey?
Premises liability refers to the legal responsibility property owners have to maintain safe premises. When a property owner fails to do so, and someone is injured, the injured party may pursue a premises liability claim. Understanding your rights as an injured visitor is essential to recovering fair compensation.
In New Jersey, property owners owe a duty of care to visitors. This duty requires them to maintain safe conditions, warn visitors of known dangers, and take reasonable steps to prevent foreseeable injuries. The level of duty depends on the visitor’s status on the property. This legal framework protects individuals injured due to property owner negligence.
Categories of Visitors
New Jersey recognizes three categories of visitors with different legal protections:
- Invitees are individuals invited onto the property for business purposes, such as customers in a store or restaurant. Property owners owe invitees the highest duty of care. This includes inspecting the premises for hazards, maintaining safe conditions, and warning of dangers. Invitees have the strongest legal protections in premises liability cases.
- Licensees are social guests or individuals with permission to be on the property. Property owners must exercise reasonable care to maintain safe conditions and warn licensees of known dangers. While licensees receive less protection than invitees, property owners still have significant obligations.
- Trespassers are individuals on the property without permission. Property owners owe trespassers a limited duty. However, exceptions apply under New Jersey’s attractive nuisance doctrine, which protects children on dangerous properties. Even trespassers may have legal recourse in certain circumstances.
New Jersey also applies comparative negligence principles. You can recover compensation even if you bear some responsibility for your injury, as long as you are not more than 50% at fault. This means that a partial fault does not necessarily bar your recovery.
Types of Premises Liability Cases We Handle
Our attorneys represent clients injured in various premises liability incidents across New Jersey:
- Slip and fall accidents caused by wet floors, ice, snow, or debris
- Inadequate security leading to assault, robbery, or criminal acts
- Dangerous conditions, including broken stairs, defective railings, or potholes
- Failure to warn or maintain the property in a safe condition
- Elevator and escalator accidents from mechanical failure or maintenance negligence
- Dog bites and animal attacks on residential or commercial property
- Pool and water-related accidents, including drowning
- Amusement park injuries from unsafe rides or negligent operations
The most common cases involve slip and fall accidents on commercial property. Additionally, we handle inadequate security cases and injuries from dangerous conditions that property owners knew about but failed to address. Our New Jersey personal injury attorneys have extensive experience with all types of premises liability matters.
Understanding Your Duty of Care Rights
Property owners in New Jersey have a legal obligation to maintain safe premises. This obligation includes:
- Regularly inspecting the property for potential dangers
- Maintaining the property in a safe working condition
- Repairing or removing hazardous conditions promptly
- Warning visitors of known dangers that cannot be immediately remedied
- Taking reasonable precautions to prevent foreseeable injuries
The standard of “reasonable care” varies depending on your visitor status. As an invitee on commercial property, you receive the highest level of protection. Property owners must maintain safe conditions and actively inspect for hazards. Understanding these duty of care obligations is critical to establishing liability.
When a property owner breaches this duty, and you suffer an injury, you may pursue compensation. This compensation may cover medical expenses, lost wages, pain and suffering, and other damages. Our New Jersey injury lawyers can help you understand what damages you may be entitled to recover.
How to Establish Liability for Your Premises Liability Claim
To successfully pursue a premises liability claim in New Jersey, you must establish four key elements:
- Duty of Care: The property owner owed you a duty of care based on your visitor status.
- Breach of Duty: The property owner breached that duty by failing to maintain safe conditions or warn of known dangers.
- Causation: The property owner’s breach directly caused your injury.
- Damages: You suffered actual damages, including medical expenses, lost wages, or pain and suffering.
Building a strong premises liability case requires thorough investigation and evidence gathering. Our attorneys work to obtain:
- Photographs and video of the accident scene and hazardous conditions
- Witness statements from individuals who saw the accident
- Property maintenance records showing the owner knew of the hazard
- Incident reports filed with the property owner or manager
- Medical records documenting your injuries and treatment
- Expert testimony regarding property maintenance standards
Immediate documentation is critical. The sooner we investigate the scene and interview witnesses, the stronger your case becomes. Property owners often clean up or repair hazardous conditions after an accident. Quick action protects your legal rights. Contact our New Jersey premises liability attorneys immediately after your injury.
Frequently Asked Questions About Premises Liability
How long do I have to file a premises liability claim in New Jersey?
New Jersey law provides a two-year statute of limitations for premises liability claims. You must file your lawsuit within two years of your injury date. This deadline is critical. If you miss it, you lose your right to pursue compensation. We recommend contacting an attorney as soon as possible after your injury. This ensures your claim is filed timely and your evidence is preserved. Understanding the statute of limitations is essential to protecting your legal rights.
What damages can I recover in a premises liability case?
You may recover compensation for medical expenses, including past and future treatment costs. You can claim lost wages for time away from work and lost earning capacity if your injury affects your ability to work. Additionally, you may recover compensation for pain and suffering, permanent disability or disfigurement, and emotional distress. In cases involving gross negligence, punitive damages may also be available. Learn more about calculating damages in personal injury cases.
Can I still recover if I was partially at fault for my injury?
Yes. New Jersey’s comparative negligence law allows you to recover compensation even if you bear some responsibility for your injury. You can recover as long as you are not more than 50% at fault. For example, if you were 30% at fault and the property owner was 70% at fault, you can recover 70% of your damages. An experienced attorney can effectively counter arguments that you were partially responsible.
Do I need a lawyer for my premises liability claim?
While you have the right to handle your claim alone, insurance companies often undervalue claims when claimants lack legal representation. An experienced premises liability attorney investigates thoroughly, gathers compelling evidence, and negotiates aggressively on your behalf. We also handle all legal paperwork and court proceedings. This allows you to focus on your recovery. Since we work on contingency, there is no financial risk in hiring us.
What if the property owner claims I was trespassing?
Property owners sometimes argue that injured parties were trespassers to avoid liability. However, New Jersey law provides protections in many situations. If you had permission to be on the property, you were not a trespasser. Additionally, the attractive nuisance doctrine protects children on dangerous properties even without explicit permission. Our attorneys challenge improper trespasser classifications and protect your legal rights.
Contact Our New Jersey Premises Liability Attorneys Today
If you have been injured on someone else’s property due to unsafe conditions or negligence, contact Brach Eichler Injury Lawyers for a free consultation. Our team of premises liability attorneys will evaluate your case, explain your legal options, and discuss how we can help you recover fair compensation.
Our firm represents clients on a contingency fee basis. There are no upfront costs or attorney fees unless we recover compensation for you. We are available 24/7 to discuss your case and answer your legal questions. With 10 convenient office locations across New Jersey, we are ready to help you pursue justice.
Call us today at (973) 364-8300 or submit your case information online for an immediate review. Let our experienced team work for your recovery.
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We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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