Liability claims often require the assistance of a premises liability attorney since they have the experience and expertise needed to support it, collect evidence, and then present an argument that is valid against the defensive party. Additionally, there are often specific details that will influence the case that only an attorney would understand.

How Does Premises Liability Claims Work?

When an individual sustains an injury while present on property that is owned by someone else, this person might have a credible liability claim. There are times when such incidents are the result of carelessness by the landowner when it comes to either properly maintaining the premises or eliminating hazards that they knew could cause harm to another person.

As you can imagine, liability claims can be complex. There are multiple factors that must be taken into consideration, such as the exact location where the injury occurred and the cause, exposure to a hazardous or toxic substance, dog bite, or slip and fall. To have the best chance of winning your case, you need a lawyer that is well versed in premises-based liability since even the most minute details are extremely important.

The claim has to prove without a shadow of a doubt that the controller or owner of the property was negligent. Depending on the property in question, revealing the identity of the true owner may take time since the tenant who is renting the property for their business might not be the actual possessor.

Claim Representation

Premises liability claims have a statute of limitations that is quite short. In the state of New Jersey, this will be twenty-four months or two years. This is why you’ll want to obtain legal counsel as quickly as possible. Plaintiffs who need some time to recover and heal from their injuries can hire an attorney to collect and gather evidence in the meantime so they can build a case.

The earlier you hire a lawyer, the more time you’ll have to strengthen your claim. There are also times when the settlement negotiations can be made outside the courts which will bypass the often lengthy litigation time that is required for such cases along with the additional costs.

Winning a Claim

To win a claim, a plaintiff must demonstrate that the controller or owner of a property was careless when it came to preventing injury due to dangers that were present in the environment. An example of this could be grounds that were inadequately maintained or the presence of hazardous chemicals that should have been removed. Finally, it must be shown that the injury was caused by something that the property owner should have been aware of.

The defense team will try to prove that the property owner couldn’t have been aware of the danger and there are conditions that will remove liability such as trespassing or home invasion.

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JACK V. CORRADINO, ROBERT C. PAPA, JR., JOSEPH A. DEFURIA, TIMOTHY J. FONSECA, AND FRANCIS J. SWEENEY III ARE ALL CERTIFIED BY THE SUPREME COURT AS CIVIL TRIAL ATTORNEYS. Corradino & Papa, LLC is located in Clifton, NJ and serves clients in and around Newark, Irvington, Harrison, East Orange, Orange, Belleville, Hillside, Maplewood, South Orange, Kearny, West Orange, Elizabeth, Glen Ridge, Bloomfield, North Arlington, Vauxhall, Union, Montclair, Millburn, Lyndhurst, Nutley, Bergen County, Essex County, Hudson County and Union County. See All Locations CAttorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The hiring of an attorney is an important decision. The information you obtain in this website is not, nor is it intended to be legal advice. You should contact an attorney for individual advice regarding your situation. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertising has been approved by the supreme court. Here are the criteria for the various awards we’ve won: Disclaimer : Results may vary depending on your particular facts and legal circumstances Copyright© 2021 All Right Reserved