Premises Liability

Premises Liability

New Jersey Premises Liability Attorney

When someone is injured because of a dangerous or hazardous condition on someone else's property, the injured person is generally entitled to file a claim for damages. Generally, people do not fall on their own. They are usually caused to fall due to a dangerous condition which many times is just not obvious. Sometimes referred to as slip and falls, these types of accidents, when due to the negligence or misconduct of the property owner, can result in serious injuries, such as serious back injuries, amputations, and head injuries. Our lawyers at Davis, Saperstein & Salomon, P.C., have been helping people since 1981. We build strong cases so that they can obtain compensation for their medical bills, lost income, and pain and suffering.

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Injuries such as these can be caused by a wide variety of property conditions. The most common are defective stairways and ramps, poor lighting, falling debris or merchandise, potholes in parking lots, sidewalk deviations, liquid or other foreign substances on floors, and accumulations of snow and ice. Call our New Jersey or New York offices to schedule a free initial consultation.

If you have been injured because of a defective or dangerous property, contact an experienced premises liability attorney to learn about your options.

Whether the cause of the accident was due to negligence depends on many factors. Often people fall due to a combination of several factors. Fresh snow may conceal potholes. Ice may serve as a lubricant for non level steps. Improperly installed handrails or lack of sufficient lighting can easily cause or contribute to serious injuries resulting from a fall down accident. Many people are caused to fall due to building code violations and violations of the BOCA Code. New Jersey has special laws pertaining to hotels and multiple dwelling unit apartments. These codes not only set standards for the construction of buildings, they also set standards for the safe maintenance of the property. At Davis, Saperstein & Salomon, P.C., we consult with experts who determine whether there was a violation of the various New Jersey standards of maintenance. We employ engineers to conduct an on site inspection of the property where the injury occurred. Their investigation usually involves an interview with the client, a field inspection including measurements and forensic testing, as well as taking or examining accident scene photographs.

What should you do when injured in a slip-and-fall accident?

Accidents on dangerous property differ from other types of accident cases because the negligent or dangerous conditions that caused the injury can be quickly removed or cleaned up. This loss of physical evidence makes these cases more difficult to prove than other types of cases. If you have been injured in because of dangerous or defective property conditions, we recommend that you follow these guidelines:

1. Confirm Facts - Be clear in your description of how the accident happened. After a fall down accident you will perhaps visit a hospital and describe your accident to several individuals, including doctors, nurses, and technicians. Unfortunately, they may get your version of the accident wrong. For example, they may write "fell on stairs while going up," another may say "tripped down on stairs," and yet another may report "twisted ankle on stairs." These mistakes by others may be misused by the defendant to show inconsistent statements on your part even though you never described your accident that way.

2. Preserve Evidence - If you have been seriously injured in a slip and fall incident, it is critical to gather and preserve evidence from the accident. You should try to preserve the shoes that you were wearing at the time you fell. Put them inside a plastic bag and tape it shut so that any materials stuck to the shoes will remain. Many times it is difficult to determine who was responsible for the care and maintenance of the location of your fall. Furthermore, many people do not appreciate the extent of their injuries until they either arrive home or realize that their injuries are more than temporary sprains and strains. However, once the responsible party is determined, they should be advised about your accident. If possible, you should report the accident to the property owner as soon as possible, preferably under the advice of counsel, and you should try to obtain a copy of the accident report.

3. Take Photographs - As soon as possible under the circumstances, you should have someone of a representative of your lawyers take photographs of the area where you fell, including the floor surface. If possible, try to record the condition at the time of your fall. Photographs may show the presence or absence of any mats, rugs, or slip-prevention materials, such as sand, at the location. Take photographs of any signs in the area of the accident. If you sustained external injuries such as bruises, cuts, or scrapes, take photographs of them to preserve the state of the injury for the attorney. If your injuries are severe, your attorney will likely take steps to help take photos and gather evidence.

4. Record Witness Statements - Make sure you or someone with you gets the name, address, and telephone number of any potential witness. Return to the accident scene and visit any nearby homes or businesses to see if there are any witnesses to the accident or the dangerous conditions. If you do get witness information, do not contact or speak to the witnesses again or attempt to get any written statements from them. Let the attorney contact them.

At Davis, Saperstein & Salomon, P.C., our lawyers have helped thousands of people who were seriously hurt because of defective or dangerous property conditions to obtain money damages and other compensation for their medical bills, lost wages, and pain and suffering. If you have been injured because of dangerous premises, contact a lawyer who knows how to build a strong case for you. We are proud to represent people in Teaneck, Newark, Elizabeth, Paterson, Trenton, and the entire New York metro region.

To learn more, visit our Slip and Fall Information Center.

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