If you have sustained injuries while visiting another’s property, contact an Elizabeth premises liability attorney ASAP. Property owners have a legal obligation to protect guests from harm. Whether it’s a slippery staircase or faulty electrical wiring, property hazards are the responsibility of landowners. We can pursue a premises liability claim against irresponsible property owners who have caused you harm. With our help, you can recover financial compensation for your injury-related losses. Our personal injury attorneys have decades of experience holding landowners accountable for their wrongdoing. We won’t rest until we have exhausted every legal avenue for your recompense.

Contact our offices today or call (908) 460-7277 for a free, no-obligation case consultation with a premises liability attorney in Elizabeth.

Definition of Premises Liability in New Jersey

Premises liability refers to the common law principle that landowners are legally required to minimize the risk of harm to guests on their properties. Landowners must take reasonable steps to remedy or post sufficient warning of dangerous property conditions. If they fail to do so and a guest sustains injury, the owner can be liable for the victim’s injury-related expenses.

A simple example of a premises liability accident is a slip-and-fall case. Say a driver pulls into a grocery store parking lot. The previous night, there was an ice storm, and the store owner did not salt the lot in the morning. The driver gets out of their car and slips on a patch of black ice, injuring their back in the fall.

In this case, the victim could file a premises liability claim against the store owner. The owner had a duty to reduce the risk to pedestrians in the parking lot. This duty includes taking reasonable steps to minimize the risk of ice after a storm. The store owner failed to mitigate the risk of ice and is therefore liable for the victim’s injuries.

Types of Premises Liability Accidents and Injuries in Elizabeth

Below are some common examples of premises liability cases we manage in Elizabeth:

• Slip and Falls – Wet flooring, uneven floorboards, snow/ice, and floor clutter can all cause individuals to lose their balance and fall.
• Equipment Malfunctions – Equipment like elevators and escalators can malfunction from negligent maintenance and cause injuries.
• Animal Attacks – Dangerous animal attacks can also be grounds for a premises liability lawsuit if owners fail to control their pets.
• Falling Objects – Falling objects like store merchandise or dead tree branches can strike victims, causing head and neck injuries.
• Construction Site – Construction sites pose a risk if they are not properly secured to keep the public out.
• Swimming Pool Accidents – Swimming pool injuries can include falls, drowning, electrocution, and injuries from defective pool equipment.
• Electrocutions – Faulty outlets or exposed wiring can cause electrocution, especially if landowners neglect regular required electrical inspections.
• Negligent Security – A lack of safety procedures and security at places like stadiums, concert venues, or amusement parks can cause injury to guests.

Given their varied nature, premises liability accidents can produce a wide range of minor to severe injuries, including:

• Bruises and sprains
• Cuts and lacerations
• Burns and abrasions
• Torn ligaments
• Fractures and broken bones
• Concussion and head injury
• Herniated disc
• Spinal cord injury
• Hearing or vision loss
• Crushing injuries and amputations
• PTSD and emotional trauma

Actual vs. Constructive Notice in Premises Liability Lawsuits 

Notice is an important concept in premises liability claims and relates to a property owner’s knowledge of a specific property hazard. Typically, the injury victim must show that the landowner had actual notice of a specific hazard – i.e., they actually knew about it. Evidence like communication records or maintenance complaints can show a landowner had actual notice of a specific danger. If a tenant makes a maintenance request for a broken staircase, for example, the landowner has actual notice.

In contrast, constructive notice refers to scenarios where a landlord didn’t have actual notice of a hazard but should have known about it. A landowner has constructive notice if a reasonable individual in the same situation would have discovered the defect through due diligence.

For instance, say there is a spill in a store aisle that remains unaddressed for several hours. Later, a customer walks by and slips, injuring themselves. In this case, we can say the store owner had constructive notice of the spill. It was readily visible, and a reasonable individual would have discovered it through regular inspections. Depending on the case, constructive notice might be sufficient to render the property owner liable for injuries.

Financial Compensation in Premises Liability Claims

Even a minor injury can generate expensive medical bills and impact your ability to earn a living. Through a personal injury claim, we can pursue compensation for your injury-related losses, including:

• The cost of emergency and continuing medical treatment
• Lost work income due to temporary disability
• Diminished earning capacity due to permanent disability
• Additional household, childcare, and transportation costs
• Physical pain and conscious suffering
• Emotional and mental anguish
• Loss of convenience or life enjoyment

Unlike some states, New Jersey does not limit compensation for non-economic pain and suffering. We can account for your full range of losses to demand an amount adequate to compensate you for your financial and emotional harm.

New Jersey uses a system of comparative negligence, so you can still recover compensation if you are partially at fault. This system is beneficial as liability is rarely 100 percent an either-or thing. As long as you are less than 51 percent at fault, you can still recover damages with a premises liability claim.

Statute of Limitations for Premises Liability Claims in Elizabeth 

NJSA 2A:14-2 sets a two-year deadline on all premises liability claims. Once two years pass from the injury date, the victim will lose any legal claim to financial compensation. In the case of hidden injuries, the two-year deadline counter is tolled to the date of injury discovery. Otherwise, the two-year counter commences from the date the cause of action accrued.

Two years might seem like a long time, but delaying your claim is unwise. Insurance companies will scrutinize delayed claims and will be more likely to dispute injury severity if you wait. Starting early gives you sufficient time to gather evidence and build a strong case demonstrating the extent of your losses.

Elizabeth Premises Liability FAQ

If you have any more specific questions about property owner responsibilities and liability for property injuries, contact us today.

If I Get Injured in a Public Space in Elizabeth, Who Can I Hold Responsible?

In Elizabeth, the city’s Department of Public Works is responsible for repairing and maintaining streets, facilities, parks, and public buildings. As such, you would most likely file a claim against them if you sustain injuries on public property. If the injury occurred on federal property, the federal government would be the main liable entity. There are special rules for suing government entities in New Jersey, and violating them could void your claim. An attorney can ensure you meet these requirements and preserve your claim against the state.

How Do I Know If I Have a Valid Premises Liability Claim in Elizabeth?

It is usually sufficient to show that the property owner knew about the dangerous hazard and didn’t take reasonable steps to reduce risk. Evidence like communication records, maintenance requests, or prior accident reports can all demonstrate the owner’s awareness of the issue. In some cases, it’s sufficient to show that the owner reasonably should have known about an issue, even if they didn’t actually know. For instance, business owners are required to regularly inspect their properties for hidden dangers. Landowners can be liable for injuries from hidden dangers if reasonable diligence would have discovered them.

Can I File a Claim If I Was Partly at Fault for My Injury in Elizabeth?

Yes, New Jersey uses a comparative negligence system for assigning tort damages, so you can recover compensation if you were partly responsible. As long as you are less than 51 percent at fault, you can recover compensation for injury-related losses. The catch is that any compensation you do receive is reduced proportionally to your fault percentage. For instance, a $100,000 settlement would be reduced to $80,000 if you are judged 20 percent at fault. An attorney can argue for a lower percentage of fault to maximize your recoverable compensation.

Contact Brach Eichler Injury Lawyers Today to Discuss Your Premises Liability Case in Elizabeth

Brach Eichler Injury Lawyers has recovered over $500 million for our injury clients, with several multi-million-dollar results for premises liability injuries. Our personal injury attorneys in Elizabeth have the skills and resources to pursue your claim to its fullest extent and balance the scales of justice. Property owners should be held accountable when their irresponsible management causes harm. We will utilize every available strategy to hold these landowners accountable and secure a financial foundation for your healing and rebuilding.

Contact us online or reach out by phone at Brach Eichler Injury Lawyers today to speak to an Elizabeth premises liability lawyer. Consultations are free, so you have nothing to lose by getting in touch.