Home / Premises Liability

Premises Liability Lawyers in Essex County, NJ

Skilled Premises Liability Lawyers Advocate to Hold Negligent Property Owners Responsible for Injuries in NJ

Premises liability is a subset of general New Jersey negligence law, and provides that owners of private businesses, residences, and other properties are legally responsible for maintaining their premises in safe condition for any invited visitors or guests. This means that property owners are responsible for fixing dangerous conditions or placing adequate warning signals to prevent injuries stemming from known hazards on the property. Premises liability law also requires certain business owners to take responsibility for inspecting their property to identify any hazards of which they are unaware.

Victims of negligent property owners’ failure to safely maintain their premises are often left to carry the costs of the accident that injured them, daunted by complex and intimidating insurance, medical, and judicial system. Regardless of the cause of your injury, it’s easy to feel overwhelmed by the simple daily tasks associated with your physical recovery, let alone the legal hurdles ahead of you to get just and fair restitution. If you are injured while legitimately present on someone else’s property—whether as a business invitee, customer or guest–you may be entitled to monetary damages to compensate for all costs associated with your injury.

If you have sustained injuries while on another person’s property, call or contact our office to discuss options for recovering compensation in your case.

Examples of Premises Liability Cases Our Experienced NJ Lawyers Handle

Premises liability covers any type of accident that occurs on someone else’s property—as long as you were on the property for a legitimate purpose. We have effectively handled cases involving:

Slip and fall accidents,
Negligent or insufficient security,
Accidents caused by a property owner’s failure to remove snow and ice,
Swimming pool accidents,
Staircase, elevator and escalator accidents,
Accidents caused by falling objects,
Accidents caused by failure to maintain or install shelving, displays or other fixtures and equipment in a retail store,
Electrocution accidents.

If you have sustained injuries because of hazardous conditions on someone else’s property, you may be immediately worried about the cost of medical treatment—and the injuries resulting from accidents caused by property owner negligence can be surprisingly serious. Whether or not you have comprehensive health insurance, the experienced premises liability lawyers at Birkhold & Maider, LLC can help make sure you get the treatment you need without paying any out of pocket medical costs until the conclusion of your case. We work alongside your doctors to ensure that you receive high-quality medical care regardless of your insurance status.

Knowledgeable Injury Lawyers at Birkhold & Maider Work Tirelessly to Establish Liability in Essex County Premises Liability Cases

The skilled premises liability lawyers at Birkhold & Maider, LLC have decades worth of experience successfully helping clients recover financial compensation for injuries caused by property owner negligence. We work tirelessly to establish the elements needed to prove that the property owner is responsible for your injuries, which includes establishing:

Duty of care. A property owner’s duty of care varies based upon the reason you were on the property. Business owners are held to a higher standard of care because of their profit motivation for inviting visitors onto the property—these owners have both a duty to repair or warn and a duty to inspect for any hazards. Private homeowners, on the other hand, have a duty to keep their property safe from known hazards but are held to a lower standard of care in that they need not inspect to discover hazards.
Breach. This element requires showing that the property owner failed to meet the standard of care.
Causation. The breach must have actually and proximately caused the injuries in question.
Damages. This element requires showing that you suffered injuries that could have been prevented but for the breach of the property owner’s duty of care.

Call Our Seasoned Lawyers to Discuss Your Essex County, NJ Premises Liability Claim Today

At Birkhold & Maider, LLC, our experienced Essex County, NJ premises liability lawyers offer free case evaluations to provide all potential clients with a fair, no-risk assessment of your options for pursuing compensation for the costs of your injuries. To schedule a free initial consultation, call or contact our office today.

Frequently Asked Questions About Premises Liability Claims in Montclair, NJ

FAQ: Is there a certain amount of time that a dangerous condition must exist before the property owner has a duty to fix the problem?

In premises liability cases, as with other negligence-based claims, a “reasonableness” standard applies. While there is no set period of time that a dangerous condition must have existed to generate liability, if the hazard had existed for an amount of time sufficient for a reasonable property owner to take steps to warn about the danger or fix the hazard to prevent injuries, the property owner may be responsible. Some cases are clear cut—if a staircase in a shopping center had been crumbling for months, the property owner would clearly be responsible for any injuries caused by the danger. In many cases, however, the issue of time is more subjective and the experience of your premises liability lawyer can make all the difference in holding the property owner accountable.

FAQ: Are there any special considerations in premises liability cases where a child was injured?

Yes. Property owners may generally be held to a higher standard of care in situations where children are likely to be present on the property—for example, a playground—or in situations where children are likely to be attracted to something on the property (what is known as the “attractive nuisance” doctrine). Usually, trespassers on the property are not entitled to the same rights as those injured in situations where the injured party was legitimately present on the property. The same rule does not always apply to children. One common example involves situations where a property owner has a swimming pool or pond on the property—attributes that may attract the child to a dangerous situation. These property owners are required to actively take steps to keep children out—such as by building a wall or fence—even if the property is private.

Couldn't have worked with a better team. Bob & Jess were super helpful and made the process easier to get through. I highly recommend their services!

what our clients are saying