Premises Liability

All property and business owners have a duty to provide a safe environment for people on their property.  If a person is injured as a result of an owner's oversight, that person may be entitled to financial compensation.

Wilentz, Goldman and Spitzer holds property owners accountable.  We work to secure your medical expenses, pain and suffering and lost wages resulting from a property injury.  

We prosecute premises liability cases to ensure the best results for our clients.

A property owner is not automatically responsible for an accident simply because it happened. The property owner or party responsible for maintaining the property may be held legally responsible, or "liable," for that person's injuries, if the injuries were the result of a dangerous condition that existed on the property.

Probably the most common type of premises liability situation is where someone slips or trips and falls due to some defect or hazard on another person's property. A classic example of this is where a shopper in a grocery store falls due to a slippery or wet substance on the floor. If the grocery store knew, or should have known, about the substance, and failed to clean it up or warn shoppers about the substance, then it might be liable for its negligence. Other instances where premises liability might arise include: broken or cracked sidewalks; trip and falls on stairs or escalators; slip and falls on ice or snow that has not been properly removed or treated; and where there are injuries caused by dog attacks.

If you have been injured on someone else's property due to the fault of another and are considering filing a claim against the responsible party(ies), there are certain procedural matters that you should discuss with an attorney experienced in this area of practice.

  • First, the condition of property may be altered shortly after an accident. It is important, therefore, to document and photograph the dangerous condition as soon as possible.
  • Second, New Jersey has a "statute of limitations," which means that a lawsuit must be filed against the owner of private property within two years from the date your "claim accrued," which is typically when the injury occurred.
  • Third, if you were injured on public property, there are mandatory regulations that require that the injured person give formal notice of a potential claim to the appropriate governmental entity involved within a very short period of time, sometimes as little as 90 days from the date of injury. If you fail to give the appropriate notice or bring your legal action within the relevant time frames, you might lose your ability to recover for your injuries. Prompt consultation with an attorney is, therefore, essential.

The attorneys at Wilentz, Goldman & Spitzer will insure your claim is preserved and will utilize their vast resources and personnel, including engineers and investigators, to discover the cause of your fall, the parties responsible, and ultimately obtain money damages to compensate you for the loss associated with your injuries.

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