Premises Liability Attorneys in Roseland

Injuries often happen because of dangerous conditions on some property. Hazards like icy parking lots or unstable flooring can cause victims to fall. Unsecured merchandise in a store can fall and cause head injuries. Sometimes, the hazard is something the property owner puts there themselves, like a swimming pool or trampoline. Whatever the cause, if you have sustained injuries on another’s property, contact the Roseland premises liability attorneys at Brach Eichler Injury Lawyers.

When dangerous property conditions hurt someone, the owner can be on the hook for the victim’s medical bills, lost income, and other losses. The personal injury attorneys at Brach Eichler Injury Lawyers have decades of experience helping injury victims in Roseland recover financial compensation for their losses. We can hold negligent property owners accountable for your injuries and pursue justice on your behalf.

Contact us today or call (973) 364-8300 to speak to a premises liability lawyer in Roseland and Essex County.

Premises Liability Definition

Premises liability refers to a property owner’s general legal duty to identify and fix dangerous hazards on their property. If the owner knows about a specific hazard, they must either fix it or post warnings to notify guests. Failing to fix a known hazard is a form of negligence, and negligent actors can be liable if they cause injuries.

For example, say you walk into a business on Eagle Rock Road. An employee just mopped the floor but did not place a wet floor sign. You slip on the floor and break your wrist from the fall. In this case, you could file a premises liability claim against the business. Businesses have a responsibility to notify customers about hazardous conditions like wet floors. Failing to do so constitutes negligence, making the business liable for injuries.

Types of Premises Liability Accidents in Roseland

Premises liability cases are varied because several types of property hazards can cause harm. Some of the more common types of premises liability cases we manage in Roseland include:

• Slip and Falls – Ice/sleet, uneven flooring, and narrow staircases can all cause people to lose their balance and fall.
• Equipment Malfunctions – Equipment onsite, like escalators or elevators, can cause injury if they malfunction due to defects or negligent maintenance.
• Dog Attacks – Owners may also be responsible for injuries from dog bites and other animal attacks on their properties.
• Falling Objects – Falling objects, like store merchandise, can strike individuals and cause bodily injury.
• Negligent Maintenance – Injuries may also occur due to building maintenance issues, like structural defects or exposed electrical wiring.
• Insufficient Security – Insufficient or negligent safety practices at venues like clubs and stadiums might also cause injury.

Below are some hypothetical situations where an injury victim may have grounds to make a premises liability claim against the property owner.

• A pedestrian slips on a patch of black ice in a parking lot and injures their spinal cord.
• A customer sustains a concussion after unsecured store merchandise falls off the shelf and strikes their head.
• A house guest twists their ankle after stepping into a construction hole in the backyard that wasn’t fenced off.
• A landlord fails to perform electrical inspections, and their tenant is electrocuted due to faulty wiring.
• A hotel patron trips and falls down the stairs due to insufficient stairwell lighting and a lack of handrails.
• A nightclub does not provide security, and a patron sustains injuries after a violent altercation.

Legal Elements of a Premises Liability Claim 

Injury victims must prove three key facts to make a successful premises liability claim.

1. The property owner owed the victim a duty of care
2. The property owner violated that duty through action or inaction
3. The victim sustained a real injury because of the violation

Premises liability claims rest on whether the owner had a duty of care – i.e., an obligation to take reasonable steps to minimize the victim’s risk of harm. The degree of effort property owners must expend to identify and fix hazards depends on the visitor’s legal status. New Jersey common law broadly recognizes three classes of visitors:

• Invitees – Invitees include visitors who are legally on the property for commercial reasons, like customers. Property owners have the highest duty of care to invitees. They must fix known hazards and take reasonable steps to inspect for hidden hazards.
• Licensees – Licensees are legal visitors on the premises for non-commercial or personal reasons, like houseguests. Property owners must notify licensees about known hazards but do not have to inspect for hidden hazards.
• Trespassers – The last category is trespassers or visitors who are unlawfully on the property. Property owners do not owe trespassers any specific duty of care and are generally not liable for their injuries.

Compensation You Can Recover in a New Jersey Premises Liability Claim 

At Brach Eichler Injury Lawyers, our goal is to maximize the amount of compensation you can recover for injury-related losses. To that end, we can pursue compensation for your:

• Emergency medical bills and continuing medical expenses
• Lost employment compensation, including base pay, bonuses, commissions, etc.
• Diminished lifetime earning capacity due to disability
• Out-of-pocket injury expenses
• Physical suffering and emotional distress
• Quality of life reductions and lost enjoyment

When filing a claim, the insurance company will likely give you an initial lowball offer. Brach Eichler Injury Lawyers can push back against attempts to underpay and negotiate a higher settlement that accounts for a greater portion of your losses. If necessary, we can take the opposing party to trial in a formal lawsuit to fight for your due compensation. We are experienced negotiators and litigators, capable of representing you at the bargaining table or in the courtroom.

Roseland Premises Liability FAQ

Below are common questions clients ask our attorneys about property owner negligence and liability for property injuries. Contact our offices if you have more specific questions.

I Slipped at a Business in Roseland. Can I Sue the Property Owner?

Premises liability lets you file a claim against whoever owns or controls a property. That last part is important, as many businesses rent and do not own the commercial space they operate out of. Under most rental agreements, business tenants assume responsibility for regular property upkeep and maintenance. Cases like Baldwin Shields v. Ramslee Motors (2020) make clear that commercial leases can exempt property owners from normal maintenance duties and related liability.

So, if you fell inside a business due to something like a mopped floor, you would sue the business entity rather than the actual property owner. However, commercial landlords may assume maintenance responsibility for larger structural aspects, like electrical wiring or foundation problems. The details of these issues are complex, so you should consult with an attorney about business tenant and commercial landlord liability.

How Long Do I Have to File a Premises Liability Claim in Roseland? 

According to NJSA 2A:14-2, you have two years from the injury date to file a premises liability claim in New Jersey. Any claim filed after two years will be dismissed by the courts. The two-year counter starts from the injury date or, in the case of hidden injuries, when you discovered your condition.

Some premises liability claims may involve government entities or agencies. In these cases, you must first file a notice of claim with the relevant entity within 90 days of the injury (NJSA 59:8-8). Once the entity receives the notice, there is a six-month waiting period, after which you can file the claim in the appropriate court.

These time limits are strict and have very few exceptions, so the best plan is to start early. Waiting can make it harder to gather evidence and increase the chance of payment delays and denials.

What Evidence Is Needed to Prove Fault in a Roseland Premises Liability Case?

In most premises liability cases, it is sufficient to show that the property owner knew about the dangerous condition and did not take steps to fix it or notify visitors. To prove owner knowledge, your attorney can rely on evidence like:

• Property maintenance records and schedules
• Video or photographic evidence showing the presence of the hazard
• Employee or eyewitness statements attesting to the owner’s knowledge
• Communications showing the owner’s recognition of the hazard (e.g., emails or text messages)
• Prior incident and injury reports
• Customer complaints

Contact a Roseland Premises Liability Attorney at Brach Eichler Injury Lawyers Today

Negligent property owners should not get away with it when their irresponsible actions harm others. Brach Eichler Injury Lawyers has the resources, skill, and tenacity to hold wrongdoers accountable and pursue a just resolution for your case. We have recovered over $500 million for our clients, including several high-value settlements for premises liability claims. Your injuries were not your fault, and you deserve a personal injury attorney who will stand up for your rights and well-being. We are relentless in our advocacy and will not rest until we have exhausted every available legal avenue toward a satisfactory outcome.

Contact us online or call (973) 364-8300 today for a free case consultation with a premises liability attorney in Roseland. We look forward to learning your story, discussing your needs and goals, and helping you determine the best path forward after an accident.