Premises liability means that property owners may be held liable for injuries and damages you suffer on their premises. Past cases such as Rowe v. Mazel Thirty, LLC and others confirm that New Jersey property owners are legally obligated to keep their premises safe, or to rectify dangerous elements within a reasonable time. This legal responsibility applies to private homeowners, businesses, and government agencies.
If you were on someone’s property and were injured in Hackensack, New Jersey, a premises liability lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to help you recover compensation for medical bills, lost pay, and other damages.
To learn more about potential compensation and how a Hackensack premises liability lawyer can help you with your case, call (201) 585-9111 today for a free initial consultation with our team.
How You May Recover Damages
If you were hurt on someone’s property and the property owner could have prevented that injury, you may be entitled to compensation.
Our Hackensack premises liability lawyers may be able to evaluate the circumstances of your accident, injury, or illness to determine if certain legal conditions are met, including:
- The property owner owed you a duty of care to prevent you from harm or to warn you about potential hazards.
- The property owner breached this duty by permitting you to enter an unsafe premise.
- This negligence or omission caused you to suffer injuries.
- You now have damages directly related to your injuries.
Property owners owe you a duty of care if you are allowed or invited into their home, store, or land. If you are injured while on their premises because of negligence, the owners may be held accountable for your economic and non-economic losses.
Your Status as a Visitor Determines the Owner’s Legal Obligations
The law recognizes three categories of individuals for premises liability cases—invitees, licensees, and trespassers.
- Invitees: You are an invitee when you go to a shopping mall, a bank, a restaurant, a car dealership, and so on. Invitees are people invited or welcomed for the purpose of conducting a mutually beneficial transaction. This type of property visitor is typically afforded the most consideration.
- Licensees: A licensee may be on another person’s property but for his or her own reasons. House guests are an example of licensees. They may be on premises, but not conducting or exchanging goods or services—yet they are still owed a duty of care.
- Trespassers: Trespassers are people who enter someone’s property without permission or authorization. They have little legal protection and the least amount of legal consideration—however a property owner still cannot intentionally harm someone who is caught trespassing.
Exceptions for Very Young Children
Very young children are usually not considered trespassers. As explained in the Duke Law Journal, many states have a provision called attractive nuisance that applies to children who enter a property because they are drawn by certain features.
These features—typically a swimming pool, play set, or something similar—catch the eye of one who is too young to understand the legal implications of trespassing. Property owners may still have an obligation to prevent children from entering and harming themselves, such as erecting tall fences.
If you are allowed or invited to be on someone’s property and you get hurt, a Hackensack premises liability lawyer can help. Call Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free consultation.
We Accept Many Types of Premises Liability Cases
Premises liability is a catch-all phrase that includes many different types of accidents and injuries that may happen on someone’s property, such as:
- Drowning and swimming pool accidents
- Slip and fall accidents
- Falling objects
- Workplace accidents
- Construction or industrial accidents
- Amusement park accidents
- Dog bites and animal attacks
- Burns, shocks, or electrocution
- Inadequate or negligent security
- Unlawful arrest or detention
- Liquor violations
- Sport and recreational accidents
Our Hackensack premises liability lawyers handle these types of cases for clients, and we understand the burden of proof required to potentially build a strong claim or lawsuit.
Obtaining Evidence to Show Liability
Sometimes, a negligent property owner may step up and take responsibility for an injured visitor. If they do not, the team at Maggiano, DiGirolamo & Lizzi P.C. may investigate the cause and circumstances of the accident.
This investigation can include finding evidence such as:
- Photos or videos of the hazard that caused the accident or the accident scene
- Police or accident reports
- Photos, medical tests, and medical notes about your injuries
- Relevant laws such as building codes to determine if the owner violated statutes
We may be able to file a claim against the property owner’s insurance. If we cannot negotiate an acceptable settlement, we may take your case to court. It is important to note that the state of New Jersey imposes a two-year statute of limitations on personal injury lawsuits (N.J.S.2A:14-1), so do not delay in contacting a Hackensack premises liability lawyer to discuss your options.
Damages You May Recover in a Premises Liability Case
Injuries in a premises liability case range from sprains and bruises to catastrophic injuries. There are several factors that can affect the kind of damages you might be entitled to:
- The extent of your injuries
- How long it might take you to recuperate
- Your doctor’s prognosis and whether you could have long-term health issues as a result of your injuries
Our team at Maggiano, DiGirolamo & Lizzi P.C. has successfully resolved many premises liability cases. Some of the damages previously awarded to our clients include:
- Medical expenses including ambulance, surgery, hospitalization, specialists, prescriptions, medical devices, and follow-up care
- Lost pay while you are recovering
- Reduced earning capacity, if applicable
- Lifecare or domestic expenses
- Property damage
- Pain and suffering
- Diminished quality and enjoyment of life
Our Hackensack premises liability lawyers work to recover compensation on a contingency fee basis. You do not pay any upfront fees and we would not get paid unless you do.
Choosing Michael Maggiano and his firm was the best decision my husband and I made at a most horrific time in our lives. Multiple doctors, with whom we had trusting relationships, were confidently telling me that nothing was wrong when, in fact, that was not the case; allowing a cancer to grow over several years to an advanced stage.
Michael Maggiano and his incredible colleagues took our case, even though extremely complex. They patiently answered our endless questions, diligently pursued every aspect of our case, handled our anxieties; especially during trial preparation and settlement discussions. Due to their experience and skill, the final outcome was a sizable settlement.
We hope that this message helps you make the right decision during what is probably a difficult and trying time by speaking with Mike Maggiano.
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I wanted to make sure that you were aware of my extreme gratitude to Chris DiGirolamo, and his law firm, for the work done on my behalf.
As a 33 year licensed motorcyclist in the state of NJ, I have seen a lot of friends/family go through the process of a personal injury suit, and many times the outcome is less than favorable. Let’s face it, there is a lot of bias against bikers out there… So when it was my turn to experience the process first hand, I didn’t hold a lot of hope that I would recover any of what I lost.
Chris DiGirolamo not only got me enough of a settlement to recover what was lost, he got the max available, allowing me to have a little piece of mind for the future as well.
He was patient when I sent endless emails full of questions and kind and understanding with regard to my case. I will ALWAYS refer my friends to this firm, and use them again myself, if the situation ever arises…
Thank you again for all your hard work!
Contact a Hackensack Premises Liability Lawyer Today
You should not have to suffer twice due to a reckless or negligent property owner. You should consider hiring a legal advocate to help you recover the compensation you may be entitled to. A member of our team can talk with you by phone or at your home, the hospital, or our office. For a free consultation, call Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111.