After suffering an injury on another person’s property, you should be compensated for your losses, and negligent owners should be held responsible for failing to keep you safe. This process can be challenging, but a Perth Amboy premises liability lawyer can handle these difficulties, taking over the legal burden of an injury claim.
With dedicated support, an experienced personal injury attorney could advocate for fair compensation, giving you peace of mind and time to heal from your injuries. Call us today for a free consultation.
Premises liability cases are those that occur because of a hazard or danger on a person’s property, and are usually caused by the negligence of the owner or manager. A wide range of cases fall under this category, including:
These accidents can lead to a wide range of injuries, from bruises and lacerations to permanent scarring and disability. In severe cases, a wrongful death is possible.
In New Jersey, property owners and managers owe a duty of care to visitors on their premises. This means they must maintain a reasonably safe premise for visitors, including making repairs or warning others of an unsafe condition.
Under premises liability rules, the owner’s exact duty of care depends on the person’s status. A person visiting a property falls into one of three categories: an invitee, a licensee, or a trespasser. If an owner fails to meet their legal obligations, they may be liable for any injuries caused by the hazard.
An invitee is owed the highest duty of care. This is someone who is on the property for the benefit of both themselves and the owner. A licensee is a person who is allowed on the property for their own benefit (like a social guest or a meter reader), and an owner only has a duty to licensees to warn of known hidden dangers, not to inspect for them. Finally, trespassers are generally not owed a duty of care, though there are some exceptions for child trespassers. The owner must also not willfully or wantonly cause harm to trespassers.
Can a person still recover for their injuries if they bear some responsibility? The answer may be yes under New Jersey’s modified comparative negligence rule, which allows an injured person to recover compensation as long as they are 50% or less at fault. However, any award will be reduced by the percentage of responsibility assigned.
For example, if a court finds the injured person is 25% to blame for their injuries, but they have $100,000 in damages, they could recover no more than $75,000.
When a person is injured, they should be able to focus on their recovery and family. However, managing the insurance claim and legal process of recovering losses can be time-consuming and burdensome, particularly for those unfamiliar with the law. A Perth Amboy attorney may step in and help, managing the premises liability claim and taking over the fight for compensation.
A lawyer could investigate the accident, identify the liable parties, gather evidence, build a strong claim, and create a strategy to recover a fair settlement. They may skillfully negotiate with the insurance company and take the case to court when necessary. With their assistance, victims have peace of mind knowing experienced professionals are working on their behalf.
When you or a family member is hurt on another’s property, a Perth Amboy premises liability lawyer at Voto & Cavalli has the experience you need for your injury case. With the help of an experienced attorney, you can fight for all your losses you are entitled to. Schedule a free consultation with us to get started.
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