Morristown Premises Liability Lawyers

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New Jersey Premises Liability Law 

In New Jersey, property owners have a legal obligation to exercise reasonable care to maintain safe conditions on their premises, but the level of care required depends on the classification of the visitor. Visitors are typically categorized as invitees, licensees, or trespassers, and a property owner’s duty varies accordingly. 

Invitees are individuals who enter a property for the owner’s commercial or business benefit, such as customers, clients, or patrons. New Jersey law imposes the highest duty of care for invitees, requiring property owners to routinely inspect their premises, address potential hazards, and warn invitees of any dangers that could pose a risk. Proper maintenance and proactive measures are key to meeting this legal obligation. 

Licensees, on the other hand, are individuals who visit the property for social or personal reasons, such as friends, family members, or neighbors who have been invited. For licensees, property owners are obligated to warn them of any hidden dangers or unsafe conditions that may not be immediately obvious but are known to the owner. 

For trespassers, who enter a property without permission or legal right, the duty of care is significantly limited. Under New Jersey law, property owners are not required to ensure the safety of trespassers but are prohibited from willfully or wantonly causing harm. Trespassers injured on a property will generally face considerable challenges in holding property owners legally accountable for their injuries. 

It’s important to note that property owners in New Jersey are not automatically liable for every injury that occurs on their premises. To prove liability in a premises liability claim, it must be shown that the property owner knew or should have known about a dangerous condition and failed to address it within a reasonable timeframe. For example, if a harmful condition, like spilled liquid, exists in a grocery store, the property owner is not liable for injuries unless they had a reasonable opportunity to become aware of the hazard and take corrective action, such as cleaning the spill or placing warning signs. On the other hand, if the hazard remains unattended for an extended period—such as 30 minutes—the property owner could be held liable for any resulting injuries. 

New Jersey’s premises liability law emphasizes the importance of context in determining fault. Each case hinges on the specifics, including the nature of the visitor, the efforts made by the property owner to mitigate risks, and whether the unsafe condition was avoidable within reasonable effort. Engaging with knowledgeable legal representation is key to navigating these complex claims effectively. 

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Do You Have a Premises Liability Case in New Jersey?

Under New Jersey premises liability law, property owners or occupiers must exercise reasonable care to ensure the safety of lawful visitors, such as invitees and licensees, on their property. This includes identifying and addressing foreseeable hazards, maintaining the property to a safe standard, and warning visitors of any known dangers. The goal is to safeguard these individuals from preventable harm by taking proper precautions.

If you have been injured due to unsafe conditions on someone else’s property, your case may depend on several critical elements. 

Common Defense Arguments in Premises Liability Cases in New Jersey

When it comes to premises liability defense in New Jersey, defendants often employ several common arguments to dispute claims. These strategies are designed to mitigate their liability, and understanding them is crucial for successfully pursuing your case. Some of the most frequently used defenses include:

1. No Knowledge of the Hazard 

Defendants may argue that they were unaware of the dangerous condition that led to the injury. Under New Jersey law, property owners are generally liable only for hazards they knew or should have known about through reasonable inspection and maintenance procedures. If the hazard was unforeseeable or recently arisen, the defendant might claim they did not have adequate time to address it.

1. The Hazard Was Open and Obvious 

  A typical defense is asserting that the hazardous condition was so open and obvious that any reasonable person would have noticed and avoided it. If a defendant can establish that the plaintiff failed to exercise reasonable care for their own safety, this argument can potentially weaken the claim.

1. Comparative Negligence 

  New Jersey follows a comparative negligence system, meaning that if the injured party is found partially at fault for their injuries, their compensation may be reduced proportionally. A defendant may argue, for instance, that the plaintiff was distracted or acting recklessly, contributing to the incident.

1. Lack of Legal Visitor Status 

  Property owners’ obligations vary based on the visitor’s status. Defendants may contend that the injured person was trespassing or otherwise on the property without permission, as New Jersey law imposes different duties of care for trespassers compared to lawful visitors. If the plaintiff was not lawfully present, the property owner’s responsibility is significantly diminished.

1. Proper Warnings Were Provided 

  The property owner may argue that sufficient warnings were given about the dangerous condition, such as signage or verbal notification. If they can demonstrate that proper warnings were in place, they may claim they fulfilled their duty of care to lawful visitors.

1. Reasonable Measures Were Taken 

  Another defense is demonstrating that reasonable efforts were made to address the dangerous condition, such as regular maintenance and inspections. If the defendant can show that they took proactive steps to prevent harm, it might undermine the claim of negligence.

Filing a Premises Liability Claim with Di Lauri & Hewitt Law Group

The dedicated team at Di Lauri & Hewitt Law Group uses an established and thorough process to help clients file premises liability claims in New Jersey. While each case is unique, you can generally expect your attorney to follow these steps:

1. Free Consultation to Discuss Your Case 

  The process begins with a complimentary consultation where your attorney will evaluate your situation, listen to your story, and provide an initial assessment of your claim. This is also an opportunity for you to ask questions and understand your legal options.

1. Investigating and Gathering Evidence 

  Building a strong premises liability case requires solid evidence. Your attorney will collect crucial information, which may include photographs, surveillance footage, witness statements, incident reports, and medical records to support your claim.

1. Drafting and Sending a Demand Letter 

  Once the facts have been gathered, your attorney will draft a comprehensive demand letter to notify the responsible parties and their insurance providers that you are seeking compensation for your financial and non-financial damages. This step sets the foundation for negotiations.

1. Negotiating with Premises Liability Insurance Providers 

  If applicable, your attorney will work directly with liability insurance companies to seek a fair settlement on your behalf. This often involves presenting the evidence, highlighting the property owner’s negligence, and advocating for the compensation you deserve.

1. Exploring Mediation to Achieve a Fair Settlement 

  Before escalating the case to court, your attorney may attempt to resolve the issue through mediation. This can be a less adversarial way to reach a settlement and often helps clients resolve their claims more efficiently.

1. Pursuing Litigation If Necessary 

  If a fair settlement cannot be reached, your attorney will take the case to court. The Di Lauri & Hewitt Law Group has extensive courtroom experience and will litigate aggressively to secure the justice and compensation you are entitled to under New Jersey law.

A premises liability claim can be complex, involving various legal arguments and defense strategies. With the support of the Di Lauri & Hewitt Law Group, you’ll have a team of professionals working diligently to protect your rights and achieve the best possible outcome for your case.

Damages a New Jersey Premises Liability Attorney Can Help You Recover 

A premises liability attorney in New Jersey can assist you in recovering damages to aid your financial and emotional recovery after an injury. These damages can be categorized into economic, non-economic, and, in certain cases, punitive damages. 

Economic Damages 

Economic damages are measurable financial losses that directly result from your injury. They are intended to compensate you for expenses and income loss, such as:

• Medical Bills – Costs for hospitalization, surgeries, medications, and ongoing medical care.
• Lost Wages – Income lost due to time away from work while recovering from your injury.
• Lost Earning Capacity – Compensation for any reduction in your ability to work or earn income in the future due to the injury.
• Rehabilitation Costs – Expenses for physical therapy, occupational therapy, or other rehabilitation required for recovery. 

Non-Economic Damages 

Non-economic damages address the intangible consequences of your injury, which may not be as easily quantified but are equally significant. These include: 

• Pain and Suffering – Compensation for physical pain and discomfort caused by your injuries. 
• Disability – Damages for the loss of functionality or mobility resulting from the injury. 
• Emotional Distress – Compensation for anxiety, depression, or psychological trauma stemming from the incident. 

Punitive Damages 

Under New Jersey law, punitive damages may be awarded in cases where the property owner’s actions were grossly negligent or demonstrated a reckless disregard for the safety of others. These damages serve to punish the responsible party and deter similar behavior in the future. 

Factors That Can Affect Premises Liability Settlements 

Predicting the exact amount of a premises liability settlement is challenging, as no attorney can provide a guaranteed outcome. However, several factors can significantly influence the settlement value, including:

• Level of Negligence – The degree to which the property owner failed to uphold their duty of care plays a pivotal role in determining compensation. 
• Evidence of Hazard Creation – Being able to prove that the property owner directly caused the hazardous condition strengthens the case. 
• Knowledge of the Hazard – If evidence shows that the property owner knew about the dangerous condition and failed to address it, the settlement value may increase. 
• Severity of Injuries – The extent and seriousness of the injuries sustained often correlate with higher compensation amounts. 
• Extent of Damages – This includes medical expenses, lost income, rehabilitation costs, and non-economic losses such as pain and suffering.

Common Injuries in Premises Liability Cases 

Victims in premises liability accidents can experience a wide range of injuries, many of which may entitle them to compensation. Common examples include:

• Broken Bones – Fractures are frequent in slip and fall cases or incidents involving heavy objects. 
• Lacerations – Deep cuts may result from unsafe property conditions, such as broken fixtures or poorly maintained structures. 
• Amputations – Severe accidents involving dangerous equipment or trapped limbs can lead to permanent loss of an appendage. 
• Traumatic Brain Injuries (TBI) – Falls from heights or being struck by falling objects can cause severe head trauma. 
• Spinal Cord Injuries – Damage to the back or spine can result from falls, collisions, or unstable surfaces, leading to chronic pain or mobility issues. 
• Burn Injuries – Electrical hazards or improper fire safety measures can result in significant burns. 
• Wrongful Death – Tragically, some premises liability injuries prove fatal. Surviving family members may pursue legal action for losses, including emotional and financial impacts.

You Have Limited Time To File Premises Liability Claims in New Jersey

The statute of limitations in New Jersey sets a specific timeframe within which you must file a civil lawsuit for personal injuries, including premises liability claims. If you wait until after this period expires, you lose the right to pursue legal action. For premises liability cases in New Jersey, the statute of limitations is two years from the date of the injury, even in cases involving wrongful death.

Two years might seem like ample time, but it can pass quickly in the aftermath of a serious injury. Prompt action is critical—not only to preserve your legal rights but also to ensure essential evidence, such as security footage or witness statements, is secured before it’s lost or becomes unavailable. Acting swiftly increases the chances of building a strong case. Should you decide to take legal action against a negligent property owner, you will likely be grateful for starting the process as early as possible.

The Time It Takes To Settle A Premises Liability Lawsuit

The length of time it takes to resolve a premises liability claim can vary significantly based on the specifics of the case. Simpler cases with clear evidence that involve minor injuries and settle directly with insurance companies may resolve in just a few months. On the other hand, more complex cases—especially those involving severe injuries such as spinal cord damage, traumatic brain injuries, or wrongful death—may require litigation and could take several years to settle, particularly if they proceed through the New Jersey court system. Each case is unique, but having a legal team supporting you can help streamline the process and ensure the best possible outcome.

Fees for Premises Liability Lawyers at Di Lauri & Hewitt Law Group

If you’re concerned about legal fees, you should know that Di Lauri & Hewitt Law Group provides representation for premises liability claims on a contingency fee basis. This payment structure means that you won’t pay anything out of pocket. Our lawyers only receive a percentage of the settlement or verdict we recover for you.

If we are unable to secure compensation, you owe nothing for our services. This approach ensures that our focus remains on achieving the best results for you while minimizing your financial risk. Contact the New Jersey premises liability attorneys at Di Lauri & Hewitt Law Group today to discuss your case and protect your rights before time runs out.

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