Injuries frequently happen due to dangerous conditions on public or private property. It could be an icy sidewalk, uneven floorboards, or something the landowner put there themselves, like a pool or trampoline. Whatever the case, if you have sustained injuries due to hazardous property conditions, contact a Trenton premises liability attorney from Brach Eichler Injury Lawyers today.

Property owners are generally responsible for injuries due to unsafe property conditions arising from insufficient maintenance or upkeep. We can help you pursue a premises liability claim against the responsible owner to recover your financial losses. Owning property is a right, but that right comes with a responsibility to reduce the risk of harm to others. Our personal injury attorneys can hold landowners accountable when they shirk this responsibility, helping you achieve stability and closure.

Contact us online or call (609) 604-5002 to speak to a Trenton premises liability attorney today.

What Is Premises Liability in New Jersey?

Premises liability refers to landowners’ general legal duty to maintain safe conditions for guests on their properties. If an owner knows about some hazardous condition on their property, they must take steps to minimize risk by removing it or posting warnings. Failing to fix dangerous conditions can render landowners liable for victims’ medical bills, lost income, and other injury-related losses.

Types of Premises Liability Accidents in Trenton

Below are some common types of accidents resulting from hazardous property conditions and property owner negligence in Trenton.

Slip and Falls

Slippery surfaces are a major risk in Trenton, especially during the icy winter months. Black ice in parking lots and on sidewalks can cause pedestrians to slip. Wet or uneven flooring in homes and businesses can also cause guests to lose footing.

Negligent Maintenance

Maintenance failures, like structural defects or faulty wiring, can cause injuries and increase the risk of accidents like fire.

Falling Objects

Unsecured or unstable objects can also fall and hurt guests. For instance, product inventory can fall from shelves and collide with customers if employees do not stock merchandise properly.

Dangerous Fixtures

Properties may also have dangerous features or fixtures conducive to injury, like trampolines or swimming pools. Property owners must secure these types of fixtures and can be liable if someone sustains an injury.

Animal Attacks

Landowners may also be liable for injuries from animal attacks that occur on their properties. Owners must take steps to remove or secure dangerous animals on the premises, such as dogs. Landowners who fail to address known dangerous animals can face civil and even criminal penalties.

Insufficient Security

Businesses like bars, sports stadiums, and concert venues can be liable when negligent security practices cause harm. For instance, a bar could be liable if they don’t staff security and a violent altercation injures a guest.

Toxic Exposure

Toxic exposure to substances like asbestos, lead, or mold can be grounds for a premises liability lawsuit against the property owner.

Injuries from Premises Liability Accidents

Dangerous property hazards may only produce minor injuries, but they can just as well cause permanent and catastrophic damage. Possible injuries in premises liability accidents include:

• Bruises and muscle strains
• Joint sprains
• Cuts and lacerations
• Burns, scratches, or abrasions
• Head and neck injuries (e.g., whiplash, concussion, etc.)
• Fractures and broken bones
• Chest and torso injuries
• Spinal cord injuries and herniated discs
• Internal injuries and organ damage
• Amputations
• Drowning
• Intentional violence

Aside from the physical effects, severe injuries have deleterious mental effects. Injuries can cause chronic pain, and victims may develop depression or anxiety due to physical limitations and quality-of-life reductions.

Negligence in Trenton Premises Liability Claims

To make a successful premises liability claim, you must prove that the landowner violated some reasonable standard of conduct – i.e., they were negligent in maintaining their property. Landowners must take reasonable steps to make their properties safe for guests. This naturally raises the question of how much effort landowners must expend to avoid liability.

Traditionally, a landowner’s obligation to a specific visitor depends on the type of property and the type of visitor. For example, business owners must take greater steps to protect customers than homeowners must take to protect houseguests. Business owners must address known hazards and take reasonable steps to identify hidden defects that could harm customers. In contrast, homeowners only need to notify guests about known hazards. Identifying the landowner’s exact obligations to the injured victim is a necessary step in proving negligence in premises liability claims.

Parties Liable for Dangerous Property Accidents in Trenton

Liability for accidents due to dangerous property conditions generally falls on the owner, but not always. Any entity that controls the space can be responsible for a premises liability accident, not just formal owners. The liable entity is the party that had sufficient control over the property to address the hazard.

• Owners – Homeowners and business owners can be liable for injuries that occur in their private residences and business spaces.
• Tenants – Rental tenants can be in control of the properties they rent and be liable if they don’t fix dangerous conditions.
• Landlords – Landlords can be liable for tenant injuries that stem from negligent maintenance or upkeep.
• Businesses – If you injure yourself in a store, the business can be liable even if it rents and does not own the space.
• Governments – Government entities and agencies are usually liable for injuries that occur on public property, like roads or parks.

Premises Liability and Comparative Negligence in Trenton 

In some cases, injured guests might share partial fault for their injuries. Fortunately, sharing fault for a premises liability accident does not automatically bar the victim from recovering compensation. New Jersey uses a comparative negligence tort system that apportions damages according to the percentage of fault each party bears.

Here is how this works: Say a pedestrian unlawfully cuts through a construction site but then falls into an unsecured hole. The victim’s total damages are $100,000, and the insurance company assigns the victim 30 percent fault. After accounting for comparative liability, the victim would receive $70,000 ($100,000 minus 30 percent).

Under New Jersey’s comparative negligence laws, victims can recover damages if they are less than 51 percent at fault. Under this system, claimants need to work closely with an accomplished attorney to minimize liability and increase the financial compensation they can recover.

Trenton Premise Liability FAQ

Below are some of the most common questions we receive about premises liability cases in Trenton, NJ.

I Was Injured on Government Property in Trenton. Do I Need to Do Anything Right Away?

If you sustain injuries on government property, you must notify the government of your intention to file a claim within 90 days (NJSA 59:8-8). Your notification must contain information about your injuries, the amount you are claiming, and a description of the incident. There is a six-month waiting period once the government receives your notice, after which you can file your claim in court. If you miss filing a notice within 90 days, the state could forever bar you from recovering compensation for your injury.

What Is the Deadline for Filing an Injury Claim in Trenton?

The deadline for filing a personal injury claim in Trenton is two years (NJSA 2A:14-2). Typically, this deadline starts counting from the date of the injury. If injuries were not initially detectable, the deadline starts on the day you discovered them instead. The two main exceptions to this two-year time limit are cases involving minors and cases where the offender has fled the state. In all other instances, the court will reject any lawsuit that is filed after two years.

Who Can Be Held Responsible for Injuries in Public Spaces in Trenton?

For injuries on public property, the liable party is whichever government entity is responsible for that space’s maintenance and upkeep. In general, the Public Works Department is tasked with maintaining streets, parks, buildings, and other public infrastructure in Trenton. If you sustain an injury in a public space due to negligent upkeep, you would likely file a claim against the Public Works Department. For injuries on federal property, such as the Clarkson S. Fisher Building, the federal government is the liable party. A personal injury attorney from Brach Eichler Injury Lawyers can investigate your public property injury case to identify responsible parties.

Representation for Premises Liability Claims in Trenton, NJ 

Brach Eichler Injury Lawyers has recovered millions of dollars for victims of dangerous property conditions, including a $3.6 million and a $3.2 million settlement for slip and fall injuries. Our strategy is to pursue the maximum possible compensation so you have sufficient resources to pay your obligations and have financial stability. More than just an experienced legal team, our Trenton personal injury attorneys understand the deep impact a serious injury can have on a victim and their family. We will fight tirelessly to protect your rights with compassion and empathy for your suffering.

Contact us online today or call (609) 604-5002 to schedule a free case consultation with a Trenton premises liability attorney. We look forward to meeting with you to discuss your situation, learn more about your needs and goals, and help you understand your legal rights and options.