In general, when someone is injured on a property because of unsafe conditions like exposed wiring, uncovered sewer openings, loose steps, unmarked wet floors, etc, that injured party would file a premises liability claim against the property’s owner, maintenance staff, landlord, or potentially some combination of the responsible parties.
These premises liability claims generally assume that the above-mentioned parties should be responsible for ensuring a safe environment for visitors to the property, but the question of responsibility becomes much more complicated when a person is injured on the property where they live or rent a work space, be it an apartment building, a residential complex, or a commercial storefront.
As a regular visitor to that property, personal injury courts will assume that you have a much greater knowledge of its state of repair, and may even be partially responsible for its maintenance as part of your rental agreement or lease.
So while it is certainly not impossible to sue your landlord or property owner for accident injuries which occurred on their property, it certainly adds a layer of complexity to a more traditional premises liability claim. If you have been injured by some hazard present in your apartment or residential complex, or a hazard present in a commercial property which you rent, here is what you need to know about recovering compensation for your injuries through a Somerset County premises liability claim.
Somerset County Premises Liability Claims: The Basics
In order to make a successful recovery through a premises liability claim, the injured party and their personal injury attorney will need to prove the following three elements:
- A safety hazard existed on the property in question, and this hazard directly lead to injury(s)
- The landlord, property manager, or property owner knew of the existence of the hazard which caused the injuries and did not take action to address the hazard, or reasonably should have known of its existence had they been properly performing their duties.
- The extent to which the victim’s injuries have impacted their lives (financial damages such as medical expenses and lost income, physical and emotional trauma and suffering)
While these three elements may sound fairly straightforward, factually proving them in a court of law can be anything but. This is why it is highly recommended that you retain the counsel of an experienced Somerset County premises liability attorney when seeking compensation for injuries which occurred on another person or entity’s property.
However, as previously noted, should those same injuries occur on a property where you are renting living space or commercial space, the requirements for making a successful premises liability injury recovery become even steeper still.
Suing Your Landlord or Property Owner for Injury Damages, Bridgewater Premises Liability Lawyer
If a hazardous element in your apartment building or commercial space caused you injury, in order to make a successful premises liability recovery against your landlord, property owner, or property manager, you and your Bridgewater premises liability lawyer will also need to consider:
- Did you have prior knowledge of the hazard which caused your injury?
- If so, did you inform your landlord or party responsible for repair of its existence?
- How much responsibility do you have personally for the repair of said hazard as per your lease agreement?
These added factors can all affect the total recovery that you are able to make, and in some cases may prevent you from making a recovery at all if not argued correctly or improperly handled. This makes having an experienced Bridgewater premises liability lawyer on your side during the claims process that much more important, as your lawyer will be able to demonstrate how you fulfilled your own duties and responsibilities as a tenant, while your landlord or property manager did not, thus securing you and your family the compensation you need and deserve for your injuries and resulting damages to your life.
Contact A Somerville Dangerous and Poorly Maintained Property Accident Attorney Today
At The Law Office of Brian J. Levine, we have extensive experience helping clients injured on poorly maintained or unsafe properties to recover the compensation they and their families need and deserve in towns across New Jersey, Somerset County, and Hunterdon County, including Bridgewater, Somerville, Hillsborough, and Franlin.
Attorney Brian Levine has been certified by the Supreme Court of New Jersey as a Certified Civil Trial Attorney, signifying his excellence in the areas of trial skills, legal knowledge, and ability to communicate with clients. With over $7.5 million in settlements and verdicts for his clients in the last three years alone, Brian Levine and our legal team is ready to put those same skills and abilities to work for you and your family today, and help you recover full and fair compensation in any kind of medical malpractice or personal injury claim.
To speak with Brian Levine and our legal team today in a free and confidential consultation regarding your accident and injuries and your options for holding the responsible parties liable through a premises liability claim or any other kind of personal injury claim, please contact us online, or through our Somerville, NJ office at (908) 524-0123.