Premises Liability Lawyer in Paramus

If you have sustained injuries on a property because of the owner’s negligence, the Paramus premises liability attorneys at Brach Eichler Injury Lawyers want to hear from you. In Paramus, property owners have a legal duty to maintain their properties and reduce the risk of injury to guests. The legal term for this responsibility is “premises liability,” a fundamental concept in tort law. If a property owner’s negligent actions have hurt you, you may have a claim for financial compensation for your injury-related losses.

Brach Eichler Injury Lawyers can investigate your case and provide critical legal support when needed most. We have recovered over $500 million for our injury clients and have extensive experience dealing with negligent property owners. We can hold them accountable for their irresponsible behavior and fight to recover monetary restitution for your injury-related losses.

Contact us online or call (973) 364-8300 to speak to a personal injury lawyer in Paramus.

Common Examples of Hazardous Property Conditions in Paramus

Premises liability accidents can happen on virtually any property, including homes/apartments, grocery stores, retail outlets, offices, parking lots, construction sites, schools, hospitals, parks, and more. Common property hazards that cause injury include:

• Slippery Surfaces – Ice, sleet, water, oil, and other substances can make floors slippery, increasing the chance of falling injuries.
• Uneven Flooring – Pedestrians can trip over uneven flooring, like warped floorboards, cracked sidewalks, or broken tile flooring.
• Cluttered Walkways – Obstructions like boxes or stacks of books/store merchandise can block walkways and pose a tripping hazard.
• Insufficient Lighting – A lack of lighting in places like parking lots or stairwells can contribute to falls and other injuries.
• Construction Sites – Construction sites may have holes or dangerous equipment that can cause injury if improperly secured.
• Faulty Wiring – Exposed or frayed electrical wiring can cause electrocutions and increase the risk of electrical fires.
• Structural Defects – Structural defects like collapsing floors and ceilings can cause severe or fatal injury.
• Dangerous Nuisances – Property fixtures like swimming pools and trampolines or nuisances like dead trees can pose a risk to guests and passersby.
• Toxic Materials – Exposure to toxic substances or hazardous building materials like mold, lead, and asbestos can cause acute and chronic illness.
• Negligent Safety Practices – Venues like stadiums or nightclubs may have negligent safety practices that fail to prevent harm to guests.  

Injuries from Premises Liability Accidents in Paramus

Premises liability accidents encompass a wide range of events, so injuries are similarly varied. Injuries from a premises liability accident could include:

• Bruises and abrasions
• Muscle and ligament strains
• Joint sprains
• Bone fractures
• Head injuries
• Neck and spine injuries
• Cuts and lacerations
• Burns
• Organ damage
• Electrocution
• Amputation
• Drowning

Property Owners in Paramus Have a Duty of Care to Visitors

As a general rule, property owners in Paramus have a duty of care to visitors in their homes and businesses. Owners must take reasonable steps to minimize visitors’ risk of harm by identifying and fixing dangerous property conditions. Property owners are negligent when they forsake this duty and someone sustains an injury as a result.

However, property owners do not owe all visitors the same level of care. The exact degree of effort the owner must expend to minimize risk depends on the visitor’s legal status. The law broadly recognizes three types of visitors.

• Invitees are visitors who are on the property with the owner’s permission for commercial reasons. The classic example of an invitee is a customer in a store. Owners owe the highest duty of care to invitees and must fix known hazards and regularly inspect for hidden hazards.
• Licensees include visitors lawfully on the property for personal or non-commercial reasons, like a houseguest. Owners must post warnings and notify licensees of known hazards but do not have to actively seek out hidden hazards.
• Trespassers are unlawful visitors on the property without the owner’s permission. Property owners have no specific duty to trespassers, but they cannot intentionally harm them (e.g., booby traps).

A crucial aspect of premises liability claims is identifying the victim’s visitor status and what relevant standard of care applies. From there, an attorney can argue whether the owner’s behavior constituted negligence based on expected standards of reasonable behavior.

Property Owner Liability vs. Tenant Liability

Premises liability applies not only to owners but also to rental tenants in direct control of the property. Both owners and tenants are legally responsible for maintaining safe premises for guests. However, their exact responsibilities depend on the lease agreement and the nature of the dangerous property condition.

In most cases, rental tenants are responsible for regular maintenance tasks, like cleaning and removing clutter. For instance, a restaurant tenant could be liable if a guest tripped on uneven or wet flooring. However, landlords generally retain liability for larger structural repairs, like foundation or electrical issues.

If the tenant and property owner had equal control of the premises, they could share liability for injuries. A premises liability attorney from Brach Eichler Injury Lawyers can assess your case to identify all potentially liable entities.

Compensation in Premises Liability Claims 

Injuries from an accident can create exorbitant medical bills and render you unable to work. With a personal injury claim, you can pursue compensation for any injury-related losses, such as:

• Medical bills, including emergency care, surgery costs, rehab costs, prescriptions, and follow-up care.
• Lost work income, including hourly pay, bonuses, tips, commissions, perks, and other employment compensation
• Reductions in projected lifetime earnings from impairment or permanent disability
• Pain and suffering, emotional distress, and loss of life enjoyment
• Out-of-pocket injury expenses, like increased childcare or transportation costs

We can assess your losses and calculate a figure adequate to recover your expenses and compensate you for the suffering you have experienced. We are experienced negotiators and unafraid to take offenders to court if necessary to secure your payment.

Statute of Limitations on Paramus Premises Liability Claims

Every state has a civil injury statute of limitations – a law that sets an ultimate time limit on filing personal injury lawsuits. In New Jersey, NJSA 2A:14-2 sets the time limit for all personal injury claims at two years from the injury date, premises liability claims included. Once two years elapse, any legal claim to damages expires, and you lose your right to recover financial compensation.

The two-year counter typically starts from the date the cause of action accrued. But many injuries from premises liability accidents, like concussions, may not immediately produce symptoms. In these cases, the counter starts from the date you discovered your condition or could have reasonably discovered it.

Paramus Premises Liability FAQ 

Premises liability is complex and nuanced, and our clients often have questions about their cases. Below are some of the most common inquiries we receive about premises liability settlements and liability insurance claims.

Can I File a Claim If I’m Injured at a Mall or Shopping Center in Paramus?

Yes, you generally can file a claim if you sustain an injury at a Paramus mall or shopping center. However, liability for your injuries depends on where, exactly, the accident happened. If it happened in a specific store, you would generally file a claim against the business. If the injury occurred in a common area, like walkways or parking lots, the company that owns the mall would be liable.

Are There Specific Legal Considerations When Filing a Claim Against a Commercial Property in Paramus?

One thing to remember is that business owners in Paramus have a higher duty of care towards customers and patrons. They must actively seek out hazardous conditions and can be liable if they neglect inspections. Even if a business owner did not know about a specific hazard, they can still be liable if they should have known about it – i.e., they would have known if they had exercised reasonable diligence. The higher standard of care for business owners favors injury victims seeking financial compensation.

What Determines How Much My Slip and Fall Case Is Worth in Paramus?

Several factors will determine the amount of any given slip and fall settlement, including injury severities, the degree of negligence, the number of litigants, and insurance policy limits. A personal injury attorney from Brach Eichler Injury Lawyers can negotiate with insurers for the maximum amount of compensation. An attorney can also take the offending party to court in a formal lawsuit if you cannot reach a mutually beneficial settlement.

Brach Eichler Injury Lawyers: Premises Liability Attorneys in Paramus

Paramus property owners have a responsibility to their guests and should be held accountable when they shirk that duty and cause injury. Brach Eichler Injury Lawyers has decades of experience working with injury victims in Paramus and will do everything in our power to fight for your rights and well-being. Your injuries are not your fault, and the last thing you need is to manage injury claims and potential lawsuits. We can handle every legal aspect of your premises liability claim, allowing you to prioritize recovery and rebuilding.

Contact our offices online or call (973) 364-8300 to discuss your premises liability claim with a New Jersey personal injury attorney. We look forward to learning more about your situation and showing how we can assist you.