Edison Premises Liability Attorney
Property owners and renters have legal obligations to keep people who come to their properties safe from harm. If you have suffered injuries on someone else’s property, then you may have a legal claim against the owner or occupant for financial compensation.
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Contact our Edison personal injury lawyers today for a free, confidential, no-obligation case evaluation.
About Jacoby & Meyers, LLP and Our Results
At Jacoby & Meyers, LLP, we fight hard to get our clients the financial compensation they deserve when someone else’s dangerous decisions or careless actions leave them badly injured. For nearly 50 years, our firm has made personal injury law in the Edison area our sole focus. Our lawyers firmly believe that victims of someone else’s wrongful decisions and actions deserve top-notch legal representation to help them obtain the fair and just compensation they deserve.
Our team has an impressive track record of results in lawsuits relating to injuries on other people’s property, in particular. For example:
- $2 million trip and fall settlement: Our client tripped over a piece of plywood placed under a barricade to help control traffic at a train station. The plywood extended beyond the barricade and onto the sidewalk, causing our client to trip, dislocating her knee and elbow and causing other complications. Our team recovered a $2 million settlement before trial.
- $950,000 burn settlement: Landlords have a responsibility to provide safe housing for their tenants. Regular building maintenance is part of this responsibility. Our clients came to us two years after their 8-month old daughter suffered third-degree burns in the bath. The landlord failed to install temperature regulators in compliance with city code and consequently, when the parents went to turn on the water to rinse their child, scalding hot water burned their infant’s skin. Even though the plaintiffs waited two years before filing a suit, we negotiated a settlement because the parents were initially unaware of the landlord’s negligence.
- $525,000 settlement for grocery store accident: Our client suffered a broken leg when a store employee failed to pay attention to where they were going. As our client walked through the store, the grocer ran into her and fell on top of her. Though the grocery store tried to place the blame on our client, we secured a substantial settlement for her injuries.
These are just a few of the results we have achieved for our clients over decades of personal injury law practice. Of course, we cannot guarantee that anyone’s case will have a successful outcome. However, clients of Jacoby & Meyers, LLP in Edison can rest assured that their lawyers have the experience, reputation, and know-how to get results.
About Your Premises Liability Rights in Edison
When we enter a grocery store or walk into a friend’s apartment building, we do so with basic expectations about the safety of the premises. We reasonably assume that the property owner has kept the land and buildings free of unreasonably dangerous conditions, or will have at least taken reasonable steps to warn us about any hazards that we should avoid.
In New Jersey, that reasonable expectation of safety on someone else’s premises is also the law. If you suffer an injury on someone else’s property because of their unreasonable failure to keep you safe from a dangerous condition, then the owner, occupant, or property manager may have a financial responsibility to you for your injuries. In legal circles, this basic principle is called premises liability.
The reasonable expectations for your safety that you can have as a visitor to someone else’s property depend, in part, on the amount and type of permission you have to be there.
New Jersey classifies visitors to a property into three general categories that define what expectations they can have:
- Invitees: Invitees are people who visit a residence or place of business for the owner’s or occupant’s benefit. Customers of restaurants, retail stores, and other business establishments are usually classified as invitees, for example. Property owners/occupants owe the highest duty of care to these invitees. Owners must ensure all parts of the property are safe and free of hazards, that they post warnings of any hazards they know about, or should know about, until they have been fixed, and that visitors stay away from areas that cannot be made safe for them.
- Licensee: Licensees are also invited guests, but they come to a property for their own benefit, not the owner’s. Licensees include social guests, service people, and people allowed to use a property for recreational activities such as fishing, boating, or hunting. Property owners/occupants owe a lesser duty of care to licensees; they must warn licensees of known dangers on a property, and must not intentionally harm them.
- Trespassers: A trespasser is an uninvited visitor to a property. Generally, a property owner does owe an adult trespasser any duty of care, except to avoid intentionally harming the trespasser in some circumstances. A property owner does, however, typically have a legal obligation to take reasonable measures to ensure the safety of, or prevent access by, child trespassers when they have a property feature that might attract children, such as a backyard swimming pool, trampoline, or large pile of building materials. Lawyers refer to this duty to keep a property safe for potential child trespassers as the attractive nuisance doctrine.
No matter what circumstances brought you to someone else’s property, in other words, chances are that you have legal rights to seek compensation for injuries you suffered there because of an unsafe condition. Contact the experienced Edison premises liability lawyers at Jacoby & Meyers, LLP today to learn more about your rights.
Common Examples of Premises Liability Scenarios
The law for people who own, lease, and manage property is pretty straightforward. They have a responsibility to take reasonable steps to ensure the safety of visitors. This rule applies to all aspects of the property, so it can crop up in an expansive range of events and circumstances. Common examples of premises liability scenarios that lead to lawsuits include:
Slip and Fall/Trip and Fall
Slip and fall accidents happen when a floor is slick, such as because of liquid or ice. These accidents often happen at grocery stores or restaurants where a spilled substance on the floor causes a patron to fall and get hurt. Because of New Jersey’s cold winters, falls on ice commonly occur on sidewalks and in driveways and parking lots. Property owners have a responsibility to take preventative measures to salt, sand, or remove ice, or warn visitors of the presence of ice so they can avoid it. Similarly, property owners must clean up liquid on floors, and post a sign warning people about a potentially slippery floor.
Trip and fall accidents happen because of a physical object on the ground, or an uneven service. Property owners also have an obligation to keep visitors safe from these hazards, which can include uncovered electrical cords, kicked up floor mats, loose tiles, poorly maintained sidewalks, driveways, or parking lots, and uneven or poorly-lit stairs.
Swimming Pool Accidents
Swimming pools can be dangerous. Property owners, including private homeowners, recreation center operators, and owners of apartment complexes have a duty to follow state and local code and implement proper safety protocols. New Jersey law outlines specific pool requirements.
In addition to drowning/near-drowning accidents, injuries can happen because of exposure to chemicals, diving accidents, and falls. Swimming pools represent a prime example of an attractive nuisance that property owners must keep safe and secure against the risk of harm to children.
Negligent Security
Generally, a property owner is not responsible for acts of violence that happen outside their property. However, you may have a case if you can show the property owner had a reasonable knowledge of potential dangers and failed to take appropriate action. For example, a hotel owner may face liability for a hotel guest who gets assaulted in a parking lot if there is inadequate lighting or security. An employer may bear liability if it does not provide adequate security or implement safety measures.
Dog Bites
According to the American Veterinary Medical Association, nearly 5 million people suffer from dog bites every year. Many of these bites lead to infection. In addition to infection, victims risk scarring, severe pain, and loss of physical function. Children are particularly prone to dog bites. Monitor your child around unknown dogs, and always ask for permission before you let your child approach a dog. If you or your child sustains a dog bite from an unknown dog, ask the owner about the dog’s vaccination records and seek medical attention.
Inadequate Maintenance
In the case we handled involving the infant burned by scalding water, the landlord had failed to make sure the building was up to code. All property owners should perform preventative maintenance and promptly repair any known issues. This includes stairways, elevators, plumbing, electrical, fire systems, and any other areas that could pose a risk to tenants or occupants.
Your Rights to Financial Compensation After an On-Premises Injury
The goal of a premise liability lawsuit is to obtain compensation from a property owner, occupant, or manager who failed to keep you or a loved one safe on their property. Every Edison premises liability case we handle at Jacoby & Meyers, LLP has its own unique facts and circumstances, of course, so there is no guarantee of how much money, if any, a client will recover through a lawsuit.
However, as a general matter, a person injured because of a dangerous condition on someone’s premises in or around Edison may have the right to take legal action seeking compensation for:
- Medical bills: To make a personal injury claim, there must be an actual injury. One of the most common goals of a premises liability lawsuit is to recover medical costs related to a person’s injuries. Medical costs typical of a premises liability injury can include doctor visits, medication, hospital stays, surgeries, medical equipment, and rehabilitative services.
- Lost income: A serious injury can mean lost time at work. This can have a substantial impact on a person’s ability to pay everyday bills (not to mention new medical bills that pile up). Seeking compensation for lost wages in a premises liability lawsuit aims to reimburse the injured victim for time lost as a direct result of the injuries, beginning on the first missed day from work and ending the day the person returns. In the event an injury prevents a person from returning to work, then the lawsuit may also seek compensation for lost future income.
- Residential modifications: Serious injuries like traumatic brain injuries or spinal cord injuries can make it difficult to move around one’s own home. Residential modifications such as wheelchair ramps or stairlifts can make mobility easier and improve a victim’s quality of life.
- Pain and suffering: Injuries don’t just cause physical and financial harm, they can affect every aspect of a premises liability injury victim’s life. Serious injuries can affect relationships, cause emotional trauma, and result in chronic pain. In a lawsuit, the injured victim can seek compensation for that physical pain and emotional suffering.
- Wrongful death: Unfortunately, far too many accidents on other peoples’ property lead to unintentional death. When someone else’s negligence leads to the death of a loved one, a premises liability lawsuit for wrongful death enables the deceased person’s survivors to recover financial compensation.
Edison Premises Liability Frequently Asked Questions
You suffered severe injuries in a premises liability accident in Edison. Now what? You likely have significant questions about your rights and your unique case. Check out the FAQ below, or contact Jacoby & Meyers LLP now to ask any specific questions you may have about your premises liability accident.
Edison Premises Liability FAQs
Any time you suffer injuries in an accident due to someone else’s negligence, including a premises liability accident, you should contact a lawyer to learn more about your right to compensation and the steps you need to take next.
Trying to deal with the property owner’s insurance company on your own could leave you extremely frustrated and ultimately prevent you from getting the full compensation you deserve for your injuries. By working with a lawyer, on the other hand, you can get critical legal advice and support that may help you ultimately maximize the compensation you recover for your injuries.
Sometimes, however, you may try to handle your claim on your own, only to discover as you attempt to move through it that you have more severe challenges than you may initially have realized. If you notice these signs, you should contact a premises liability lawyer in Edison as soon as possible.
The insurance company does not provide a reasonable settlement offer
Often, insurance companies will issue settlement offers that seem, on the surface, to offer reasonable and adequate compensation for your injuries. However, once you look at them in more depth, you may discover that the offer does not include the full compensation you deserve. If you find yourself looking at a very low settlement offer, you may want our premises liability lawyers to review the offer and give you a better idea of what compensation you should really expect.
The insurance company denies coverage for the incident
The property owner’s insurance company may attempt to deny coverage for the incident. The company may try to claim that you caused your injuries due to your negligence, that you did not suffer the injuries that you claim, or that the policy does not cover the type of injury you sustained in the accident or why you suffered those injuries. However, the insurance company may have to provide coverage for your injuries in many cases. Talk to a lawyer to learn more.
The insurance company tries to brush off the severity of your injuries
Severe injuries from a premises liability accident can have immense, long-term implications for the victim: substantial physical pain, ongoing medical bills, and serious limitations related to those injuries. If the insurance company tries to brush off or ignore your injuries, talk to a lawyer about the limitations you sustained and the compensation you should realistically expect from them.
Premises liability accidents often lead to serious injuries, which can mean equally high medical bills. Premises liability injuries could include severe burns to serious broken bones, brain injuries, or back and neck injuries. All of those injuries can mean an ongoing need for medical treatment, and that continued medical treatment frequently brings with it extreme medical bills. Trying to contend with medical bills can feel just as frustrating as your efforts to recover from the accident and your injuries.
As the injured party, you will have to pay the medical bills associated with your accident or make arrangements to pay for them. In most cases, you cannot simply hand off responsibility for those bills to the party that caused your accident. However, you have some options available that can alleviate some of the burdens of those medical expenses.
First, you may choose to use your health insurance to help cover the immediate cost of your medical expenses. Health insurance can also prove incredibly beneficial when dealing with the impact of injuries that will lead to long-term medical bills.
Next, you can use the funds from a premises liability claim to cover the cost of treatment for your injuries. In many cases, a premises liability claim will provide you with substantial compensation for your losses, including the financial losses often associated with serious medical treatments.
However, a premises liability claim does not require the party that caused your accident to pay for the cost of your medical treatment directly, which means that you will still need to make arrangements to manage your expenses. You may also need to work with your care provider to make arrangements to manage the costs as they come due.
While public property owners may bear a higher duty of care to people who visit those properties, private property owners should also ensure a safe environment for any visitors who legally visit that property. If you suffer injuries due to the negligence of a homeowner or private property owner, you have the right to file a compensation claim.
Many people worry that they will make a friend or family member angry if they file a claim after injuries at their home. However, in most cases, you will file a claim against the property owner’s insurance company rather than directly file a claim against the property owner.
Furthermore, you need the funds from that claim to pay for medical treatment and other necessary support as you manage your injuries. Make your decisions according to the potential implications on your future, including your future finances.
File your Edison premises liability claim before the statute of limitations. Even if some time passed since your accident, consult an attorney to learn more about your rights. Often, an attorney can help identify exceptions to the statute of limitations that may make it easier for you to move forward with a premises liability claim, even if some time has passed since the initial incident.
Premises liability accidents often leave you reeling. Frequently, it feels as though the incident came out of nowhere, mainly if you had no reason to suspect you might have entered a dangerous area before the incident. Regardless of when the accident occurred, you should quickly take steps to protect yourself as much as possible.
Notify the business or establishment about the accident
Always report an accident. Many businesses have internal processes for reporting incidents, including slips and falls, falling items, or animal attacks on company property.
You may want to report an incident even if you do not think it led to serious injury at the time of the incident. In some cases, you may have sustained more serious injury than you think, especially in cases where adrenaline or embarrassment kicked in. In other cases, your report about a potential hazard may help someone else from suffering an injury.
Making a report regarding the accident can make it much easier to go back later and prove when the accident took place. In serious cases, especially if you feel that the establishment does not take you seriously, you may want to go ahead and call the police to report the accident. You may also need to talk to the police if you have to call 911 to summon ambulance help.
Carefully evaluate your need for medical care
Many premises liability incidents result in substantial injuries. A simple slip and fall, for example, could result in broken bones, severe lacerations, head injury, or back and neck injuries. You may find yourself tempted to hurry away from the accident scene rather than report the possible injury. However, if you do not report the accident and seek any needed medical care, you may find it more difficult to establish when your injuries took place if you later discover that you suffered worse injuries than you thought.
Depending on your injuries, you may choose to pursue care at Hackensack Meridian Health JFK University, Solaris Health System, or a local urgent care center. Regardless of where you decide to go for medical care, however, make sure you see a medical care provider soon after your accident.
Collect any evidence related to your accident
Take photos of the accident scene and what likely caused your accident. That may mean that you photograph a spill, a broken handrail, or an object that fell from a tall shelf and hit you. While you should not put yourself in danger as you move around the accident scene, you should take steps to secure any evidence you might need later.
You cannot take an insurance company back to the time of the accident, but you can make it easier to see exactly what took place with your photos. You may also want to take pictures of your injuries.
Get a lawyer to look over your case
If you suffered injuries in a slip and fall, having a lawyer on your side can prove essential to your ability to recover compensation. Talk to a lawyer as soon after the incident as possible to discuss your rights and how to best manage any interactions you might have with the insurance company.
Under New Jersey law, your landlord bears responsibility for maintaining a reasonably safe dwelling. If you notify your landlord about a potential problem or hazard, and your landlord fails to take care of that hazard, or if your landlord fails to take care of needed, reasonable maintenance on your property, you may have grounds for an injury claim. Talk to a lawyer about your injury and your documented requests to the landlord to deal with that issue.
Many premises liability claims seem relatively straightforward. You suffered an injury due to the property owner’s negligent actions, and you want to pursue the compensation you deserve for those injuries. However, even a pretty straightforward premises liability incident may take time to settle. A more complicated investigation may drag on even further.
You may need to take time to heal before you can even start to move forward with your premises liability claim. Talk to a lawyer about your injuries and the doctor’s prognosis for your recovery. In some cases, you may need considerable time to recover before your doctors know what your final medical expenses will likely look like or how much mobility and independence you will ultimately recover. Your lawyer may recommend waiting until you have those answers to move forward with your claim.
Next, both the insurance company and your lawyer will want time to investigate the incident thoroughly. In some cases, premises liability accidents can turn very complicated. Your lawyer may need to review past maintenance records, check out past incidents that may have occurred on the property, and look into all potential causes of your injuries.
Finally, you may need time to negotiate the settlement you want to receive for your injuries. Insurance companies may not always offer the full compensation you expect or deserve upfront, so you may have to spend time negotiating before arriving at a settlement agreement.
Injured on Someone Else’s Property in Edison? Contact Jacoby & Meyers, LLP
Premises Liability Lawyer, Andrew Finkelstein
After an injury in Edison, you want someone by your side who cares. At Jacoby & Meyers, LLP we know the challenges you face. Our job is to fight for your rights to receive the financial compensation you deserve for your injuries.
Though the law allows you up to two years to file a premises liability suit in most cases, the sooner you get started, the sooner you can begin to move forward with your recovery.
To learn more about your rights following an injury or to open a personal injury case, contact our Edison office at (732) 287-6890, start a chat with one of our live representatives, or fill out our online contact form for a free case evaluation.
Edison Office
1929 NJ-27
Edison, NJ 08817
732-287-6890
Client Testimonials
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“I’m really grateful for the settlement my lawyers at Jacoby & Meyers helped me to obtain. I was badly hurt when another driver crashed into my card. The driver was carelessly. My team at Jacoby & Meyers didn’t let the reckless driver get away with it. I’m really glad I made the call to Jacoby & Meyers and would suggest anyone hurt in a car crash do the same.”
Review by: Jose V.
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