It is the property owner’s responsibility to make sure their property is in good condition for guests or other people there, like a mail carrier. When an owner does not keep up with regular maintenance or display appropriate signage, accidents can happen. It may not be malicious, but it is negligent to leave a property in a condition where people can get injured.
Maggiano, DiGirolamo & Lizzi P.C. is serving Fair Lawn, and we want to help you. We have a Fair Lawn premises liability lawyer who knows New Jersey law and can guide you through the lawsuit process. If your accident was the fault of a property owner, you have a right to seek compensation for your hardship. Let us do the legal work for you. Call today at (201) 585-9111.
You Can Pursue Damages from Your Accident
There are many ways that premises liability can come into play in a personal injury or wrongful death case. Some examples include a slip and fall accident, swimming pool accident, or a dog bite. People can suffer broken bones, head injuries, back injuries, even death from hazards they encounter on someone’s poorly maintained property.
You may have a case if you, or your attorney, can prove that the cause of your injury was a failure on the property owner’s part. If the property owner is found to be liable for your injuries, they may be forced to pay damages. You can pursue nearly any of the costs you incurred because of the accident, including:
● Medical bills
● Lost wages
● Property damage
● Pain and suffering
● Emotional distress
A lawyer from our team can help you determine which of your costs can be included in the lawsuit and how much is an appropriate total amount to pursue.
You have to file your lawsuit within the statute of limitations. This is a time limit set by the government. In New Jersey, the statute of limitations for a personal injury case is two years after the accident, according to New Jersey Revised Statutes §2a:14-2.
If the property owner is telling you that you are the one at fault, you do not have to take their word for it. Even if some of the fault is yours, that does not mean the other party is not liable at all. A Fair Lawn premises liability lawyer from Maggiano, DiGirolamo & Lizzi P.C. can listen to the details of your accident and advise you on the appropriate next action.
Wrongful Death Cases
If you happened to lose a loved one due to injuries suffered on someone’s property, you may be eligible to file a wrongful death lawsuit on their behalf. Under New Jersey Revised Statutes §2A:31, you have two years from the time of that person’s death to file. You may recover the costs your family incurred to treat the victim’s injuries before they passed. You could also be owed the costs of a funeral and burial.
A family member of a deceased victim can pursue non-economic damages as well. For instance, if a person lost their spouse, they could seek loss of companionship damages. A wrongful death case in New Jersey can be filed by the victim’s spouse, children, parents, or grandchildren. A lawyer can help you determine what wrongful death damages you may be able to seek in your case.
Visitor Status and Accident Circumstances Matter
Some people may wonder, how far does premises liability law go? Do property owners have to maintain their homes and businesses for any visitor to go anywhere? The simple answer is no. Not everyone gets the same level of treatment when it comes to injuries on another person’s property.
For instance, a grocery store shopper does not have the same rights as a trespasser on private property. Say a customer falls at a grocery store because the floor was mopped, and no warning sign was put out. That person may have a case against the property owner. On the other hand, if a trespasser trips over a broken stair on a homeowner’s porch, they would not have a case. The trespasser is not meant to be at the home.
The circumstances of the accident make a difference as well. For instance, imagine a visitor at a hardware store who decides to duck under a sign that reads “Employees Only” and is injured. They would have difficulty claiming that the property owner had liability when they disregarded signage warning them to keep out. The same kind of situation applies to a social guest who gets a verbal warning about a hazard and ignores it. The courts could find that these property owners are not liable for damages.
The bottom line is that property owners have an obligation to keep visitors out of harm’s way. That can mean keeping a walkway free of trip hazards, keeping a locked gate around a pool, or having adequate lighting in a stairwell. If they have neglected to act on dangerous conditions on their property and someone is hurt, they could face liability.
Each case is unique, and it can be difficult to interpret the law on your own. Let an attorney from our team at Maggiano, DiGirolamo & Lizzi P.C. help you decipher the law. We can help you build a strong case to show that your accident was not your fault.
Verdicts and Settlements
$775,000 - Wrongful Death
For the wrongful death of car accident victim who died while being prepared for emergency surgery.
Call Us Today for More Information
If you or a loved one suffered injuries because of the condition of a property that you were on legally, the owner may owe you compensation. Property owners have liability when it comes to their property. Any hazardous conditions that existed because of negligence could make them liable for accidents.
We want to speak with you about your case. Call us today at (201) 585-9111 for a free consultation. We work on a contingency-fee-basis. That means you will not owe us anything out of pocket unless we win your case. Let a Fair Lawn premises liability lawyer work with you on your personal injury or wrongful death case. Contact us at Maggiano, DiGirolamo & Lizzi P.C. today to get the process started.