Woodbury Premises Liability Lawyer
Living life can be dangerous, and you or a loved one do not have to be doing something unusual or be far from home to encounter potential dangers. In fact, you are more likely to be injured near your home or place of employment in Woodbury, New Jersey. Wherever you go, i.e. department store, restaurant, gas station, office building, apartment complex or even a private home, dangerous s property conditions often exist. Premises liability in Woodbury, New Jersey can arise from conditions such as icy sidewalks, loose railings, torn carpet, poor lighting, broken doors, lack of security or any dangerous condition involving real estate and the buildings or structures located there. If you need a Woodbury Premises Liability Lawyer, call or text me, Joseph Monaco, to learn your rights.
Like any area in New Jersey, Woodbury property owners and managers must exercise reasonable care in maintaining their properties so the safety of their guests and business invitees is always paramount. Individuals who come onto their properties are entitled to be safe, regardless of whether the Woodbury property is private or public. When a person is harmed because of negligent or careless conduct, the property owner, manager or others will be legally liable to pay monetary compensation for the resulting harm. This could be for personal injury or wrongful death damages.
Woodbury Premises Liability Law
This area of New Jersey law is called premises liability. Broken bones or whiplash from slip and fall accidents, assaults due to poor security measures, wrongful death from a fire, or any type of harm resulting from a dangerous Woodbury property are examples of cases which are covered by New Jersey’s premises liability laws. Determining who is at fault is not always as simple as it may appear. For example, the architect or engineer who designed a product or building may be at fault, or a maintenance or snow removal company hired to care for the property could be held responsible. Because of these complex issues, it is best to hire a seasoned Woodbury Premises Liability Attorney to represent you.
Woodbury Premises Liability Attorney Joseph Monaco
If you or your child were injured at another person or business’s property in Woodbury, New Jersey, you may be able to bring a personal injury or wrongful death claim to recover damages. For over 25 years, I, Joseph Monaco, have been representing clients who have suffered harm due to the reckless of negligent care of properties throughout the State of New Jersey including Gloucester County. If you have been harmed, you are entitled to recover damages whether through negotiations with the insurance companies or a jury trial if a fair offer is not received. As a seasoned New Jersey Personal Injury and Wrongful Death Attorney, I can help you decide what steps need to be taken. I pride myself in aggressively representing my clients so they are fully compensated for their harm including financial losses.
Call or text me at 609-277-3166 to schedule an appointment so we can discuss your case. I personally meet with all of of my clients. I do not have a paralegal or case manager take my place in meeting with clients. I believe every client is entitled to meet with the person who they will be trusting to represent them.
How is Fault Determined in a Woodbury Slip and Fall case?
Woodbury, New Jersey property owners, managers, tenants and other possessors have a legal obligation to maintain safe conditions on their properties. Businesses, governmental agencies and individuals all have the duty to eliminate hazards to ensure the property is safe for invitees or guests to the property.
The standards that property owners must follow are set by things such as building codes, township ordinances, industry standards and general common law principles of negligence. Business invitees are owed the highest duty of care including a duty to inspect for hidden dangers. Some of the common law factors include foreseeability of the harm, the legal status of the injured party, risks associated with intended uses of the property, opportunities to make repairs or provide warnings and the reasonableness of maintaining or inspecting the property.
Woodbury, New Jersey Trespassers
A person who enters a property without the owner’s consent is deemed a trespasser. The circumstances of each case have to be viewed carefully when determining whether someone is in fact a trespasser. For example, you are not considered a trespasser simply because you are walking along someone’s walkway or sidewalk even though you were not given direct permission to do so. Under New Jersey Law, a property owner has no duty to a trespasser; however, there are exceptions regarding children. You should speak with a Woodbury Premises Liability Attorney about the duty owed to children.
Public (Governmental) Woodbine Properties
Although the State of New Jersey, a township or municipal agency may be sued under certain circumstances for negligence regarding premises liability, they must be notified of the claim in writing within 90 days. The failure to present the claim including filling out the applicable claim form within 90 days will bar the claim forever. This is governed by Title 59 laws dealing with governmental immunity.
Types of Woodbury Premises Liability Claims
Poor weather is often a cause of slip and fall accidents when properties are not properly shoveled and salted. But an accidents can happen under any set of circumstances. Common Woodbury premises liability accidents include along with many others:
- Slip and falls
- Shopping centers and other retail locations
- Gas stations and parking lots
- Private residence dangers such as loose stairs or handrails
- Hotel accidents including wet bathroom floors without rubber matting
- Assaults at hotels or malls from lack of property security
- Restaurant and bar accidents
- Elevator and escalator falls
- Swimming pool safety
- Sexual Assault Due to Negligent Security
- Nursing home neglect and falls
Common Injuries in Woodbury Premises Liability Cases
Serious injuries or even wrongful death can result from falls or other traumas caused by dangerous properties. Woodbury property owners and other possessors are legally liable because of their negligence. Common injuries include:
- Neck and back whiplash
- Broken bones
- Bruises and lacerations
- Concussions and other traumatic brain injuries
- Exposure to toxic conditions such as mold or poisons
- Eye and facial injuries
- Spinal cord injuries including ruptured discs
- Nerve damage
Dangerous Property Conditions that can Lead to Woodbury Premises Liability:
- Slippery or uneven floors or walkways
- Refreezes after improper snow removal and deicing
- Potholes in streets or parking lots
- Loose or missing railings, doors or banisters
- Electrical fires
- Poor elevator or escalator maintenance
- Unmarked swimming pool depths or dangerous slides
- Falling merchandise or cargo
- Improper security to prevent assaults or muggings
What Types of Damages are Recoverable in Woodbury Premises Liability Cases?
Anyone injured or wrongfully killed on another’s property due to negligence by the property owner or possessor will be entitled to monetary compensation for the resulting harm. This includes economic and non-economic damages.
Economic damages are financial losses such as medical expenses, property damage, lost wages or burial expenses. Non-economic damages include items such as pain and suffering, emotional distress, loss of life’s pleasures and disfigurement. A monetary award for all of these losses is a fundamental tenet of Woodbury premises liability laws.
Depending on the nature of the conduct that led to the harm, punitive damages may be awarded as well. This happens when the property owner intentionally or recklessly causes the harm.
New Jersey is a comparative fault jurisdiction, which means that any monetary award will be reduced by the percentage of negligence (if any) attributable to the injury victim. For example, if the Woodbury accident victim is deemed 20 percent at fault, then the monetary award will be reduced by 20%. This happens; however, only up to 50%. If the victim is more than 50% at fault, then there will be no recovery whatsoever. That’s why it is important to consult with a Woodbury Premises Liability Attorney as soon as possible.
Speak with a Woodbury Premises Liability Lawyer Today
If you or a loved one suffered an injury or wrongful death in Woodbury, New Jersey, call or text me at 609-277-3166 for an experienced, aggressive personal injury attorney. I provide a Free Consultation and the No Recovery, No Fee Guarantee. I have over 25 years of legal experience representing accident victims that can be put to use for you and your family.
