Premises Liability

Holding Property Owners Accountable For Injuries On Their Premises

Commercial and residential property owners have a duty to all people who are lawfully on their premises. If hazards are present, property owners must take all reasonable steps to either quickly remove the hazard or provide warnings.

All too often, property owners fail to meet this obligation. This failure can lead to serious harm. If you have been hurt due to a hazardous condition on another person’s property, call Britcher, Leone & Sergio, LLC. We hold New Jersey property owners responsible for failing to live up to their duties, and we work to obtain fair compensation for our clients. In this way, we can make premises safer and hopefully prevent injuries in the future.

Property Owners May Be Liable For A Range Of Accidents

Premises liability accidents can involve several types of situations, including:

  • Slip-and-fall accidents/trip-and-fall accidents
  • Injuries caused by inadequate security
  • Injuries caused by dog bites or aggressive animal attacks, which may occur on the animal owner’s property
  • Elevator accidents or escalator malfunctions

In each of these cases, a property owner had knowledge of a potential hazard on the property and failed to take appropriate action to make the premises safer. Residential or commercial property owners, security contractors, maintenance companies and service and repair companies could be liable if someone is seriously hurt.

Filing A Claim For Your Damages

Premises liability claims can involve numerous complications. For example, the property owner may claim that the accident was a result of the victim’s own clumsiness. The property owner may claim that they had no reason to know of a particular danger. Regardless of the challenges, we are prepared to hold property owners responsible when they fail to maintain safe property conditions.

Our law firm will make a comprehensive review of the property’s history and determine exactly what steps the owner took to protect lawful visitors. While we are establishing the liability of the property owner, we will also be working to establish your damages, including your medical expenses, lost income and more.

We Will Help You Seek Just Results

Britcher, Leone & Sergio, LLC, based in Glen Rock, has an extensive track record of helping people who have been seriously hurt by others’ negligence. Our attorneys understand how to overcome legal obstacles and present a compelling case that takes all your damages into account. Email us or call 201-444-1644 to schedule a consultation today.

Slip/Trip and Fall Accidents

Slip, trip and/or fall accidents are among the most common types of premises liability cases. Property owners, landlords, and property managers may be held liable for a slip, trip or fall claim if the accident happened due to failure maintain a safe environment or remedy an unsafe or dangerous condition on the property. A slip, trip and/or fall accident can happen anywhere—in a supermarket or other retail store, an office, restaurant or hotel, or someone’s private property. These incidents fall under personal injury law, generally in two categories.

Slip and Fall: the victim’s front foot (one or both) slip out in front of them, they fall and land on their back or side. Think of someone slipping on a slick spot on the floor.

Trip and Fall: the person’s foot gets caught on an obstacle in front of them; their upper body shifts forward, their legs remain stationery and they trip forward.

Examples of dangerous conditions are:

If you have suffered a fall and have been injured due to a faulty condition on the premises and the owner’s negligence caused your injury, you may have a claim for compensation.

Sidewalk Defects

City streets, residential neighborhoods—anywhere there are sidewalks—may be the location of a trip and fall accident due to sidewalk defects. Large cracks, uneven sidewalks due to tree root disruption, and missing slabs (or slippery snow and ice that were not cleared) are all dangerous conditions that can all cause injury.

Broken bones, concussions, ankle and wrist sprains, and significant bruising and pain may result from sidewalk defects. While older adults are typically more at risk, children riding bicycles or people walking dogs can also suffer a trip and fall injury from poor sidewalk conditions.

Depending on where the incident occurs and who is responsible for sidewalk maintenance on the property, the trip and fall accident may be a premises liability against a homeowner, building owner, municipality or governing entity.

These accidents require proof of negligence on the responsible party’s part and may require proof of the actual or constructive knowledge of the condition. Therefore, accident victims should immediately contact an experienced personal injury attorney to discuss their potential premises liability claim.

Construction Accidents

Construction sites are dangerous places and property owners, and construction companies are required to take reasonable measures to protect tenants, visitors, and pedestrians in and around the premises. These measures are part of the owner’s duty of care, a key factor in premises liability cases. They include posting warning signs and installing fences, gates, or walls around the construction area or scaffolding to protect pedestrians from work above.

Personal injuries from construction accidents may occur due to falling debris or equipment, a roof, wall or building collapse because of faulty construction, slip, trip and/or fall accidents in areas not cordoned off properly, or electrocution from exposed wires. Defective construction materials or a lapse in maintenance may be at fault. As in any personal injury lawsuit, proving who is liable is key to receiving compensation in a construction accident lawsuit.

The contractors, subcontractors, developer, site engineer, equipment manufacturer, property owner or a public entity may prove to be the negligent party that led to the injury. It is crucial to work with an experienced personal injury attorney who understands the complexities of these premises liability claims.

Elevator/Escalator Accidents

In the realm of premises liability, the operators of elevators and escalators are often held to a higher duty of care to ensure their equipment is safe and fit for their intended use. Elevator and escalator accidents may occur due to equipment defects, improper manufacturing, lack of routine inspection, maintenance or repair. A sudden drop, malfunctioning door, collapsed platform, or faulty brakes or safety switch are a few ways elevator and escalator accidents happen—often causing grave injuries.

In New Jersey, victims of elevator and escalator accidents may seek compensation for their injuries under premises liability laws. Depending on the cause of the accident, the responsible party may be the property owner, operator, manufacturer, maintenance company or a public entity. If the personal injury attorney proves the accident happened due to negligence on the part of one of those parties, they can hold them financially responsible.

Combining Extensive Legal and Medical Knowledge

In any injury claim, medical issues are of paramount importance. Therefore, your lawyer must have a strong understanding of how these matters relate to your lawsuit. One of our firm’s partners, Armand Leone, is a board-certified diagnostic radiologist, in addition to being a lawyer. His intensive medical knowledge is invaluable in the investigation and litigation stages of every case. Our attorneys will work closely with you throughout your case to develop a strategy that suits your needs.