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.
I am writing this review on behalf of my mother, Darlene LaVella, who does not have a Facebook. ‘Chris DiGiralamo was an excellent advocate in my negligence case. His confidence, professionalism and kindness made this difficult process easier for my husband and myself. The same for his support team. Marisol Suarez was always there via phone, email or text helping me to navigate the difficulties of Workers Comp in addition to the negligence case and Karen Sanchez, who recommended the firm to me, was invaluable in helping with video & pictures. I thank you all here, publicly, and recommend this firm highly for any legal needs.’
My experience with Maggiano office is incredible. I have been working with Michael’s firm for almost two years now and I always felt that they really cared for their individual client. Personally I loved that Michael would spend the time to get to know me as a person and care about my feelings and well being so he can truly protect me. Him and his firm is super kind and always willing to work with my demanding work schedule. They are very responsive and keep me in the loop of everything. I am very meticulous when it comes to follow up and getting tasks done in timely fashion.. and this firm definitely impressed me (and it is not easy to impress me).
If there is a family member or a friend looking for a law firm, I would recommend this firm in a heart beat.
Thank you very much to Michael and his team (especially Linda and Bernadette).
Joseph Maggiano is an excellent person to seek when you have any type of legal issue. He is attentive, knowledgeable and takes his time to explain the process. He is such a nice and pleasant person to deal with. I highly recommend him and his law office for your legal advice!
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.
