Visitors, guests, and customers have the right to expect that the homes and businesses they visit will be safe. A simple stop at the grocery store should not end with a trip to the emergency room.
If you suffered an injury on somebody else’s premises because of a property owner’s negligence, an experienced attorney can help you hold them accountable in a civil claim. Speak to a Newark premises liability lawyer at at Doroshow, Pasquale, Krawitz, and Bhaya about what financial damages you may be able to recover for your losses.
Duty of Property Owners
Owners and anyone else in charge of a property must maintain the premises and keep them in reasonably safe conditions. This includes regularly inspecting the property to ensure there are no hazards that could hurt an unsuspecting visitor. When a person suffers harm while on somebody else’s property, they may be eligible to obtain compensation for their losses from at-fault party.
Potential defendants in a premises liability claim include:
- Property owners
- Landlords
- Caretakers
- Tenants
- Business owners
- Landscapers
- Property managers
Elements of a Premises Liability Claim
In a premises liability lawsuit, an injured claimant pursues damages from a defendant on the grounds that they failed to remove a hazard or unsafe condition, which caused the claimant to suffer an injury, or warn of a hidden danger. However, a Newark court is unlikely to hold the property owner liable if the risk was so open and obvious that a reasonable person would have seen and avoided it. If the hazard was a hidden danger, the property owner could be legally responsible for failing to remove it or warn people of its existence.
Even if the property owner was not actually aware of the hazard, a Newark court could deem them liable for any injuries resulting from that hazard under a theory of constructive knowledge. This means that a property owner reasonably should have learned of that hazard through routine inspection, management, and maintenance.
In Delaware, the kinds of visitors who can make a claim for premises liability is limited, so you should consult with an experienced premises liability lawyer to determine if you have a claim.
Evidence of Property Owner Negligence
Our skilled attorneys are experienced in handling Newark premises liability claims and can gather various types of evidence to create a strong case. After a property incident, our team would promptly and efficiently investigate the circumstances that caused a person’s injury. Our lawyers would then examine police and medical reports, interview eyewitnesses, and speak to people with knowledge of the property, such as neighbors, employees, and customers. All of these forms of evidence may be useful in a successful premises liability case.
Common Types of Premises Liability Accidents in Newark
Injured victims can pursue damages in premises liability claims for incidents at private homes or commercial businesses, such as grocery stores, shopping malls, construction sites, hotels, restaurants, gyms, hospitals, and nursing homes. Most commonly, premises liability claims in Newark involve the following types of scenarios:
- Slip and falls
- Objects falling onto somebody
- Dog bites
- Broken stairs or guard rails
- Fires
- Pool accidents
- Defective elevators or escalators
- Damage from gas leaks, carbon monoxide, or other fumes
- Mold
- Subpar safety precautions, such as low lighting
Our skilled local attorneys have extensive experience with all types of premises liability accidents. We can investigate the situation to see if the property owner or anyone else in charge of the premises may bear legal liability.
Get in Touch with a Newark Premises Liability Attorney Today
If you sustained an injury while on somebody else’s property, a Newark premises liability lawyer may be able to pursue the recovery that you need to put your life back together. Because these cases are often legally complicated, it is essential to work with a knowledgeable attorney. Call our firm today to learn how we can help you in your case.
