Parking Lot Injuries and Premises Liability Claims
Premises liability refers to the responsibility (and failure of responsibility) of property owners to maintain a safe environment for visitors. In the case of shopping center and mall parking lots, our office frequently receives inquires regarding injuries, and the potential for a personal injury claim against the property owner. In order to have a successful premises liability claim, several factors must be true.
Hazardous Conditions, Premises Liability Attorney Parsippany NJ
The first element of any premises liability claim is that of the existence of a hazardous condition which is not readily apparent to the injured visitor. Certain hazardous conditions may exist, but be apparent to the visitor, in which case it is their responsibility to avoid it, for example marked patches of ice or holes in the parking lot surface.
In order to pursue a premises liability personal injury case, the hazardous condition must not have been visible or marked, for example a drain with a missing or broken cover with no safety markers or construction tape.
Notice of the Hazardous Condition, Premises Liability Attorney Randolph NJ
In addition to the existence of a hazardous condition, a successful premises liability claim must also be able to demonstrate that the owner of the property knew of its existence, or reasonably should have known about it. In the example of the missing or broken drain cover, you and your Randolph premises liability attorney must be able to show that the property owner either knew of its existence and didn’t take the proper steps to secure it, or reasonably should have known of its existence through regular inspections and review of the property.
Unreasonable Failure to Secure the Hazard, Premises Liability Attorney Roxbury NJ
Now that you and your Roxbury premises liability attorney have established that the landlord knew of the hazard, or should have known about it, you must know demonstrate how much time transpired between when they knew of its existence (or should have known), and when your injury occurred. The greater the time period between these two factors, the more the owner’s failure to address the hazard will be viewed as unreasonable and negligent, and the stronger your premises liability case will become.
Unsafe Conditions Directly Caused Injury, Premises Liability Lawyer Morris County NJ
In addition to the above elements, you and your Morris County premises liability attorney must finally be able to show that the hazard, and the failure to address it, were what directly lead to your injuries.
Resolving a Morris County Premises Liability Claim
If you and your Morris County premises liability attorney can successfully demonstrate the above elements, you can most likely successfully resolve your premises liability claim. As with any personal injury case, premises liability claims seek to compensate the victim for their medical expenses incurred, lost income if they are unable to work due to their injuries, and their emotional and physical pain and suffering.
If you are injured in a shopping center or mall parking lot, or any other public place, it is important that you do not sign any documents regarding your rights to compensation without first speaking with an experienced Morris County personal injury attorney. Many insurance companies will try to take advantage of injury victims, offering settlement sums that are much less than what they could realistically expect to recover from a premises liability claim. Your personal injury attorney can help protect your financial rights in this instance, and help ensure that you receive the compensation you need and deserve for your injuries and trauma suffered as a result of negligent property owners and landlords.
Contact a Morris County Parking Lot Injury Attorney Today
At The Law Office of Smith & Doran, we have extensive experience helping clients across Parsippany, Randolph, Roxbury, Morristown, and the greater Morris County area with personal injury cases of all kinds, including premises liability, car accidents, construction accidents, defective products, slip and falls, and ladder and scaffolding injuries.
Founding partner Robert A. Smith personally handles all personal injury cases, and has earned a New Jersey Supreme Court Certified Civil Trial Attorney certification, a testament to his excellence in the areas of legal knowledge, trial skills, and ability to communicate with clients when it comes to civil law.
To speak with Robert Smith and the personal injury team of Smith & Doran today in a free and confidential consultation regarding your potential premises liability and personal injury case, please contact us online, or through our Morristown office at 973.261.6254.