Property owners have a legal duty to keep their spaces safe for visitors, but when they fail to do so, serious injuries can happen in places where you should feel secure. Whether you slipped on a wet floor at a grocery store, fell down poorly maintained stairs at an apartment complex, or were hurt by falling debris at a construction site, these accidents often occur because someone neglected their responsibility to maintain safe conditions.
When you suffer injuries on someone else’s property due to their negligence, our experienced premises liability attorneys understand the physical pain, emotional distress, and financial burden you face. At Mandelbaum Barrett PC, we have successfully handled these cases throughout Edison and New Jersey, fighting to obtain the compensation you deserve while you focus on your recovery.
Understanding Premises Liability Law in Edison
Premises liability law holds property owners and occupiers in charge of maintaining reasonably safe conditions on their property. In Edison, as throughout New Jersey, this legal principle applies to several types of properties, including retail stores, restaurants, apartment buildings, and office complexes.
The nationwide scope of premises liability accidents is significant. According to the National Safety Council, more than 8 million Americans seek emergency room treatment for accidental falls each year, with 33,000 resulting in death. These accidents represent the leading cause of both guest and employee harm in the retail industry, costing businesses more than $20 billion annually.
Property owners must regularly inspect their premises, identify potential hazards, and either fix dangerous conditions or provide adequate warnings to visitors. When they fail to meet their due diligence, and someone gets injured as a result, they may be held legally accountable for the resulting damages.
The specific duties property owners owe depend on why you were on their property. Business invitees, such as customers in stores, are owed the highest duty of care. Social guests have certain protections, while trespassers generally receive the least protection under the law. However, even trespassers cannot be intentionally harmed, and special rules apply when children are involved.
Common Types of Premises Liability Accidents
Premises liability accidents take a wide array of shapes, but some of the most frequent cases we see in Edison include:
- Slip and fall accidents caused by wet floors, spilled liquids, or inadequate cleaning
- Trip and fall incidents due to irregular surfaces, loose carpeting, or debris in walkways
- Stairway accidents involving broken handrails, poor lighting, or damaged steps
- Parking lot injuries from potholes, inadequate lighting, or a lack of security
- Swimming pool accidents, particularly involving inadequate fencing or supervision
- Dog bite incidents that occurred when property owners knew their animals posed a danger
- Inadequate security cases, where poor lighting or a lack of security measures led to assaults
Each type of accident requires careful investigation to determine whether the property owner knew or should have known about the hazardous situation and failed to take appropriate action.
Building a Strong Premises Liability Case
Successful premises liability claims require proving several key elements. First, we must establish that the property owner owed you a duty of care based on your legal status on the property. Next, we need to demonstrate that they breached this duty by failing to sustain safe conditions or warn of known dangers.
The property owner’s awareness of the hazardous condition plays a crucial role in these cases. They may have actual knowledge if they created the condition or were directly informed about it. Alternatively, we can establish constructive knowledge by showing that the condition existed for an acceptable length of time that an inspection would have discovered it.
We also must prove that this breach of duty directly caused your injuries and that you endured actual damages as a result. This may include medical bills, lost earnings, pain and suffering, and other consequences resulting from the accident. Falls can result in traumatic brain injuries and spinal cord damage that require extensive long-term care.
Evidence collection is vital in premises liability cases. We work quickly to preserve surveillance footage, interview witnesses, photograph the accident scene, and gather maintenance records. Property owners sometimes attempt to fix dangerous conditions immediately after an accident, making it essential to document everything as soon as possible.
Compensation Available in Edison Premises Liability Cases
When property owners’ negligence causes your injuries, New Jersey law allows you to claim compensation for several types of damages. Economic damages cover your quantifiable financial losses, including:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
Non-economic damages address the non-tangible impact of your injuries. These may include compensation for:
- Pain and suffering
- Disability and impairment
- Loss of enjoyment of life
The amount of these damages depends on conditions like the severity of your injuries, the effect on your daily activities, and your long-term prognosis. In cases involving catastrophic injuries, compensation may be substantial to account for lifetime care needs.
In some cases, you may also be entitled to compensation for future medical care, especially if your injuries require ongoing treatment or result in permanent disabilities. We work with medical professionals and economic specialists to accurately calculate these future costs and ensure they are included in your claim.
Contact Mandelbaum Barrett PC for Your Edison Premises Liability Case
Premises liability cases can be complicated, involving detailed investigations, expert testimony, and aggressive tactics by insurance companies. Property owners and their insurance agents often try to shirk their responsibility or claim that your own actions caused the accident. Having skilled legal representation helps level the playing field and safeguards your rights throughout the process.
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We understand the challenges you face after a premises liability accident and are devoted to securing the compensation you need to move forward with your life. In tragic cases where a premises accident results in death, we also assist families with wrongful death claims. Contact us today at (973) 585-5100 or through our contact form to review your case.