Premises Liability Lawyer in Newark, NJ

If you have sustained injuries while visiting another’s property in Newark, there may be a path to recover financial compensation for your losses. According to premises liability, landowners must take reasonable steps to minimize the risk of injury on their properties. If they fail to do so, they can be financially on the hook for injuries to guests. A Newark premises liability lawyer from Brach Eichler Injury Lawyers can investigate your case and help you file a claim against the responsible entities. Our personal injury attorneys have decades of legal experience assisting injury victims and want to talk to you next.

If you would like to speak to a Newark premises liability attorney, contact us or call (973) 364-8300.

Examples of Premises Liability Claims in Newark

Injuries can occur on virtually any kind of property, so premises liability claims span a wide range of occurrences. Below are some of the most common types of premises liability claims we have worked with in our professional tenure.

Slip and Falls

Slip and fall accidents are likely the most common type of premises liability claim. Ice/sleet, uneven floorboards, wet flooring, floor obstructions, and a lack of safety rails can all cause pedestrians to lose balance and fall. Falling injuries can cause sprains, broken bones, concussions, spinal cord injuries, and soft-tissue injuries.

Negligent Maintenance

Property injuries can also happen because landowners are negligent in performing maintenance. Maintenance issues like faulty electrical wiring or structural defects can cause severe injury if landowners neglect to fix them.

Construction Site Accidents

Property owners and construction crews are responsible for securing construction sites and dangerous equipment. Pedestrians can sustain injuries if construction crews don’t block off sites or leave dangerous equipment unsecured.

Inadequate Security

Venues like bars, stadiums, or amusement parks might have negligent security practices that fail to prevent harm to guests. For example, a concert venue can be liable if it provides insufficient security and a guest sustains injuries in a violent altercation.

Toxic Exposure

A person can also sustain harm from exposure to hazardous building materials or toxic substances. Pollutants like lead, arsenic, asbestos, and mold can all cause acute and chronic illness.

Determining Legal Responsibility in Premises Liability Claims

Whether or not a landowner is liable for injuries typically turns on whether they were negligent in the maintenance or upkeep of their property. Landowners are expected to take reasonable steps to minimize the risk to guests on their properties. This includes removing dangerous hazards and inspecting for hidden hazards. If a landowner fails to adhere to this threshold of reasonable care and causes injury, they are negligent.

To prove negligence, it is usually sufficient to show that the property owner knew about the dangerous condition and did nothing to address it. Evidence like video recordings, communication records, or prior accident reports can show a landowner knew about a specific danger and failed to act.

In some cases, you may not need to demonstrate that the landlord actually knew about the hazard. For instance, business owners must actively inspect for hidden dangers in addition to dealing with known dangers. If a business owner fails to inspect their buildings and a defect causes injuries, their lack of knowledge is not a liability shield. They should have known about the defect but were negligent in their duty to inspect.

The rules surrounding property owner liability depend on the specific property type and the reasons the victim was on the property. These rules are complex, but a premises liability attorney can untangle them and find a path to pursue your due compensation.

Compensation You Can Recover with a Premises Liability Claim in Newark 

Depending on the circumstances of the accident and your injuries, we can pursue compensation for:

• Medical Bills – A financial settlement will primarily pay for the cost of medical treatment. This includes emergency medical bills, rehabilitative costs, prescriptions, medical equipment, and more.
• Lost Income – Your settlement will also compensate you for any work income you missed because of your injuries. Work income includes regular hourly pay/salary, bonuses, commissions, tips, and other forms of employment compensation.
• Reduced Earning Capacity – Your injuries might put you out of work or require you to change careers. A financial settlement can reflect any differences between your pre- and post-injury expected income.
• Pain and Suffering – New Jersey allows injured parties to recover damages for pain and suffering from premises liability injuries. Unlike some states, New Jersey does not limit these types of noneconomic compensation.
• Other Injury-Related Expenses – We can also pursue remuneration for other costs associated with your injuries, such as extra childcare or alternate transportation costs.

Our firm has recovered over $500 million for our clients over our decades-long tenure. Our strategy is to pursue the maximum possible compensation. We can investigate your claims for multiple litigants to maximize compensation sources and persuasively argue against insurer attempts to underpay.

Statute of Limitations for Premises Liability Claims in Newark

You do not have unlimited time to file a premises liability claim in Newark. NJSA:2A:14-2 sets a two-year limit on all personal injury claims, including claims for injuries from dangerous property conditions. Once two years have passed, any legal claim to financial recovery will be null and void.

Normally, the time limit starts counting from the injury date, but there are two main exceptions:

• Victim Is Disabled or a Minor – Minors and disabled people are unable to take care of their own legal affairs without a parent or guardian. If the injury victim is disabled or a minor, the deadline doesn’t start counting until they recover or turn 18.
• Offender Is Out of the State – If the offender leaves the state, you will be unable to serve them a notice of process. In the case of absent offenders, the deadline only starts counting when they come back into the state.

Regardless of your specific situation, starting your case early is ideal. The earlier you start, the easier it will be to gather evidence to prove your claim. Insurance companies often use delays as a reason to dispute or deny claims. By starting as soon as possible, you give yourself an advantage.

Newark Premises Liability FAQ

If you have any other specific questions about premises accident insurance claims or liability for property injuries, contact us today.

Are There Special Rules for Filing a Claim Against the City of Newark?

Yes, filing a claim against the city is suing the government, and the rules for suing government entities are different. The rules concerning suing government entities are laid out in the New Jersey Tort Claims Act. Primarily, injury victims must first file a notice of their intent to file a claim before they can sue the government. Under the law, victims must present the notice directly to the agency or entity they intend to sue. If you do not file a notice of claim, you won’t be able to proceed with a lawsuit.

What Legal Steps Should I Take If I Fell in a Newark Public Housing Complex?

After receiving necessary emergency medical attention, the first thing you should do is document the accident scene. Take pictures of your injuries and photograph features that contributed to the accident. Get the property owner’s contact and insurance information as well. Next, see a doctor to get a formal diagnosis of your condition and copies of your medical records. After that, contact a personal injury attorney to start the next steps of the claims process.

I Got Hurt on Newark City Property. Is There a Deadline for Filing a Claim?

If you were hurt on Newark public property, there are two deadlines you have to meet to file a claim against the city. First, you must file a notice of claim within 90 days of the injury date. This deadline is extremely strict, and missing it could permanently void any legal claim you have to pursue damages. Once the government has received the notice, there is a six-month waiting period. After the waiting period, the standard two-year time limit for personal injury lawsuits applies.

File a Premises Liability Claim with an Attorney from Brach Eichler Injury Lawyers

A single bad accident can completely derail your life, causing permanent and disabling injuries. You shouldn’t be left to deal with the consequences alone, especially when your injuries were not your fault. Brach Eichler Injury Lawyers has the strength and tenacity to stand up for your rights and well-being. We have extensive experience working on premises liability claims and have a thorough knowledge of systems governing landowner responsibility. Our personal injury attorneys promise to utilize every advantage and resource at hand to secure a satisfactory resolution to your case.

Contact our offices online or call (973) 364-8300 today to schedule a case consultation with a Newark premises liability attorney. We have several offices around New Jersey and can find an appointment location convenient for you. When you meet with us, we’ll discuss the circumstances surrounding the accident that injured you and help you understand your legal options for pursuing the justice and compensation you deserve.