Navigating Your Premises Liability Case: Preparing Yourself With The Necessary Knowledge

This article uncovers:

• The duty property owners have regarding upkeep of their property.
• Critical information you should collect after an incident occurs.
• Damages that you can recover in a premises liability case.

What Duty Do Property Owners Have To Visitors?

Property owners are responsible for keeping their premises safe for visitors. Beyond this, more specific information is conditional on several factors, such as the type of property, relationship to the property, and the type of organization the owner has or is.

For example, suppose you are a business invitee. In that case, you generally go into a place of business because they want to sell you something. This carries with it a high standard of care under New Jersey law. Contrast this with a trespasser with a very low standard of care — generally, state law does not protect trespassers much, if at all. If you are a residential property owner, you do not generally have requirements like these to worry about.

What Information Is Critical To Gather Or Have For A Premises Liability Claim?

There are two critical types of information to collect promptly to build a strong premises liability claim:

1. Good photographs of the scene, and a lot of them.
2. Documentation of an inspection of the premises done after the incident as soon as possible. In many cases, our practice has engineers that do forensic engineering go to the site right away before it is changed and conduct an inspection.

What Damages Can Be Recovered In A Premises Liability Claim?

Damages are usually broken out into the following elements in premises liability claims:

• Pain;
• Suffering;
• Disability;
• Impairment;
• Loss of enjoyment of life.

Beyond this, you can also sue for lost wages if your employment is affected, i.e. you are out of work for a long period as a result of the incident you suffered.

Many times insurance policies have clauses that add further complications to personal liability cases. If your medical benefits are covered by insurance, there is usually a clause in the policy that states that if you file a personal injury case and you receive compensation, you have to reimburse the insurance company for what they paid. This often applies to people over 65 who are on Medicare or those on Medicaid. They have to reimburse Medicare or Medicaid instead of paying back an insurance company. You can include this as losses you incurred and seek reimbursement in your case.

On top of this, future losses may apply to your claim. This is usually when you are utterly ruined due to the incident you suffered and can project costs incurred from it into the future. You may need to have a doctor testify that you will need ongoing care that will cost you a predictable amount of money in the future and prevent you from working in order to build a strong claim.

With the guidance of a skilled attorney for Premises Liability Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Premises Liability Cases in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 973.204.6573 today.