Those who own and manage properties have a responsibility to anybody who enters their premises legally. It is their duty not to expose those on their property to any danger that is foreseeable, or would otherwise be considered an unreasonable risk of harm. When a property owner, or possibly anyone they have charged with overseeing the property, does not protect you from harm, they may be responsible for any injury you suffer.
If you or your loved one has been injured while on a dangerous premises—including if the injury to your loved one proved fatal—you may be able to pursue compensation with the assistance of a Hoboken premises liability lawyer.
The Responsibilities of Property Owners
When you own a property and invite people in, either explicitly or implicitly, you have a responsibility to ensure that they are not exposed to any overt danger. This responsibility is called a duty of care, and it is the legal standard by which negligence in a premises liability case will likely be determined.
There is no category of property owners, and in some cases property managers, that is precluded from this duty of care. Some of the individuals who may be responsible for maintaining a safe premises include:
- A business owner, who is responsible for protecting both employees and customers from unreasonable risk of injury and other harm.
- A landlord, who must ensure that residents and those who would visit their property are not exposed to risks under their control.
- A renter or homeowner, who can be found liable for others’ injuries while in their home or apartment.
- A municipality, if somebody was injured on a government-owned property because of unsafe conditions.
- Any person who does not own a property but is tasked with its upkeep, such as a building manager, who may be liable for your injuries if they were caused by negligence.
These are the most common categories of defendants in premises liability case. There may be, however, an individual who does not fall in the above categories who caused your injuries. This person could be named in any lawsuit that you choose to bring.
Common Safety Failures of Property Owners, Renters, and Managers
The safety hazards presented by a given property can vary according to:
- The weather and climate in the region where it lies.
- The number of people who generally visit a property.
- The sort of activity that generally transpires on a property.
- The physical construction and layout of a property.
For example, a business owner may be responsible for the safety of hundreds of people each day, with many of those people being elderly, disabled, or otherwise increasingly prone to injury. Somebody who rents an apartment and rarely entertains may have less to do in order to ensure they are protecting others from harm.
Yet, all it takes is a single accident for any given liable property owner, renter, or manager to be sued. Some of the hazards that all potentially liable premises tenders must prevent or respond to swiftly include:
- Puddles and slick spots due to rain, leaks, or any other source.
- Any imminent health threat that occurs in a workplace, as employees have a right to safety that must be honored by employers, per the Occupational Safety and Health Administration (OSHA).
- A lack of handrails and other fall-prevention equipment, especially if a property has stairways.
- A lack of wheelchair ramps and other disability-conscious measures, as those who are disabled may be more prone to suffering an injury if they do not have safe means of maneuvering on a property.
- Cluttered walkways.
- Loose tiles, crumpled rugs or carpeting, and other forms of flooring that could pose a tripping or slipping hazard.
- Negligent security, which may impact employees, patrons, residents, and others on a given property.
These are only some of the most common forms of danger that can result in an injury and a subsequent finding of negligence. If you or a loved one have suffered an injury or death because of these or other hazards that you believe qualify as negligence by the person responsible for maintaining a premises, you could have reason to bring a lawsuit.
Call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free consultation.
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
I cannot express how grateful and pleased I am to have had Christopher DiGirolamo and his paralegal Christine Carrino represent me in connection with my personal injury action.
What had happened to me was an event that was about to completely change my life.
Initially I was unable to go to the offices of Maggiano, DiGirolamo & Lizzi because of my injuries. I had been hit by a motor vehicle while walking in a crosswalk. Christopher came to me. He offered not only expert legal advice but helped significantly with other things like obtaining police reports, how to handle telephone calls, photographing the scene and even advice about warding off “adjusters” who came knocking on my door. Most importantly, Christopher listened. His compassion, knowledge and understanding cannot be overstated.
I, as a lawyer with medical knowledge who needed a lawyer, would consider myself to be somewhat of a challenging client. Christopher took all this in stride and was fearless in offering guidance and advice when I was having difficulty looking at things objectively. Christopher allayed my anxieties and made me feel better each and every time we spoke. He put things in perspective for me while at the same time, not sugar coating the difficult days ahead that were in store for me, both physically and throughout the legal proceedings. Christopher asked me about my preferences and my choices. He was always interested in my ideas and my point of view. Christopher balanced my convictions with his undeniable objectivity and expertise.
Throughout the protracted course of discovery and pre-trial conferences, Christopher went out of his way to communicate with me and keep me informed. When Christopher was in court we engaged in many real time texting sessions. He respected my decisions about strategy and was constant in upholding his integrity. With Christopher’s tenacity and wit, the case was ultimately resolved without trial.
Christopher and the law firm of Maggiano, DiGirolamo & Lizzi, P.C. made every effort to accommodate me in whatever way they could. I offer my thanks and gratitude.
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
Starting a Premises Liability Lawsuit With a Lawyer’s Help
The typical victim of premises-related negligence is likely not familiar with starting a lawsuit or the legal system in general. Seeking assistance from a lawyer is, for many, the first step in learning your options for pursuing a premises liability lawsuit.
Working with a Hoboken premises liability lawyer can:
- Help you better understand whether your case makes you a candidate to bring legal action.
- Allow you to have your questions and concerns answered.
- Be the first step in bringing your case forth.
A lawyer will:
- Conduct a no-cost consultation to understand the basics of your accident.
- Ask you whether you would like to begin a lawsuit.
- Conduct any further investigation required to obtain all the facts and evidence relevant to your case.
- Consult and acquire testimony from any experts on premises liability or other fields relevant to your lawsuit.
- File your case in court as soon as possible.
- Handle all of the legal responsibilities that your lawsuit will require, such as drafting and filing paperwork and appearing in court.
- Represent you in settlement negotiations or at trial, depending on the path that your lawsuit takes.
- Protect your rights.
If your case results in a judgement in your favor or a settlement, then you may be able to go home with compensation from the defendant or defendants in your case. If you have suffered losses because of negligence, then a Hoboken premises liability lawyer will advise and serve you in your pursuit of awards.
Call Our Team at Maggiano, DiGirolamo & Lizzi P.C. Today
Property owners, managers, and renters who put others in harm’s way are violating their basic duty of care, and you may be eligible for compensation if you were the victim of negligence. Call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 to speak about your case for awards—the call costs you nothing.
Do not wait to call, as premises liability lawsuits are generally subject to a statute of limitations.
