Marlton Slip & Fall Lawyer
Like most states, New Jersey law creates a duty for commercial and residential property owners, managers, occupants and tenants to keep their properties safe for their foreseeable uses by guests and business invitees. Business property owners have a duty to regularly inspect their properties to uncover unsafe and dangerous conditions. If a visitor or tenant is injured by a dangerous condition, the owner or occupier of the property will be legally responsible to pay monetary damages to the injured party or her family if the accident led to wrongful death. If you or a loved one have been wrongfully hurt or killed due to the negligence of a property owner, manager, occupant, tenant or landlord, you have the right to purse a Marlton New Jersey premises liability claim to recover damages such as medical expenses, lost wages and monetary compensation for pain and suffering. Hiring a seasoned Marlton slip & fall lawyer is the first step you need to take. Call or text me, Joseph Monaco, at 609-277-3166 to receive a Free Consultation on how to protect your and your family’s rights.
Common Causes of Marlton Premises Liability Cases
Marlton property owners and managers have a duty to eliminate tripping hazards and other dangers. However, many fail to spend the money for proper maintenance of their properties. This can lead to slip and falls and falling fixtures that can cause personal injuries.
Common causes of Marlton cases include:
- Oil or water on the floor
- Unmarked or hidden dangerous conditions
- Unlevel or uneven walkways
- Ripped or torn carpeting or flooring
- Unsafe wiring
- Exposure to hazardous substances
- Poorly maintained escalators or elevators
- Inadequate security leading to assaults
- Loose or warped decks and stairways
- Improperly stacked or secured merchandise
- Potholes in driveways or parking lots
- Ice or snow covered sidewalks or parking lots
- Elevator or escalator malfunctions
If you or a family member have been injured in Marlton New Jersey, you may be entitled to hold the property owner or manager liable for monetary compensation.
Types of Marlton Premises Liability Injuries
- Fractured and broken bones
- Electrical shock and burns
- Chemical burns and scars
- Spinal cord injuries including herniated discs
- Traumatic brain injuries including concussions
- Nerve damage including sciatica
- Lacerations and scarring
Unforeseen accidents and injuries can happen to any Marlton New Jersey resident or visitor; however, some segments of the population have a higher risk of dangerous events and injuries. Our elder population is most vulnerable to falls and severe injuries. Minor children also have a high risk of being injured. Their decision making capabilities are not as developed as an adult’s. This can lead to accidents in playgrounds, swimming pools and unsecured industrial properties. Unsafe properties can be an attractive nuisance to a child that lures them onto the dangerous property.
Who is at Fault for a Marlton Slip and Fall Case?
New Jersey law places responsibility for the resulting harm on the person or business in possession or control of the unsafe property at time of the incident. In commercial settings, the property owner and manager are often not the same party. As a result, fault for an accident can be due to the recklessness or negligence of multiple parties. That’s why an early, thorough investigation of each case is crucial for achieving justice. Critical evidence can be lost or destroyed otherwise. If you put your trust in me, Joseph Monaco, I will with over 30 years of experience investigate who is at fault for your case.
How do You Prove Fault in a Martlon Premises Liability Lawsuit
To be successful in a Marlton slip and fall or other premises liability case, the injury victim has to prove fault by showing that reckless or negligent conduct contributed to the dangerous condition, that the unsafe, dangerous property condition caused a fall or other type of incident and that the fall or incident resulted in bodily injury or wrongful death. To sort through these issues, you should hire an experienced Marlton Slip and Fall Lawyer like me, Joseph Monaco. I know and understand the legal issues that are important to a successful premises liability case. If you or a loved one have been hurt on someone else’s property, I can help you achieve justice.
We will need to demonstrate that an unsafe condition existed for a length of time that the property owner or manager knew of should have known it existed and, therefore, cleaned it up or repaired it. Under New Jersey law, we can also show that the nature of the business leads to unsafe conditions. For example, if a piece of food falls onto the floor from a buffet table, the restaurant will be responsible even if the food just fell to the floor moments before someone is caused to slip and fall. Under this scenario, it does not mater how long the food was on the floor before someone falls.
To assist me with with the handling of your Marlton slip and fall case, you should collect and preserve evidence that will prove fault. Take photographs and obtain the names of witnesses. Also, determine whether the property or adjacent properties have surveillance equipment that could have captured your fall. Plus, preserve the shoes and clothing you were wearing at the time of the fall or similar incident.
How do You Determine Whether the Injury Victim was Partially at Fault in a Marlton Premises Liability Case?
To show that a Marlton property owner, manager, landlord, tenant or maintainer was at fault for a fall or other incident, and that the victim is not at fault, there are varying legal issues that must be addressed. First, the status of the injury victim must be determined. Is the victim a guest, invitee, business invitee or trespasser? The level of duty placed upon the property owner varies depending on the classification assigned to the Marlton, New Jersey injury victim. When evaluating the actions of the Marlton injury victim, factors to look at include whether the injury victim was engaging in a reckless activity or was being negligent by failing to pay attention to warning signs.
Each Marlton premises liability case is different. Given such, it is important to reach out to me as as possible. If the victim is deemed a trespasser, then he or she will likely be considered responsible for what transpired. There is an exception for children; however. This is known as the attractive nuisance doctrine. Because a child lacks the same level of intelligence as an adult, a dangerous property that attracts kids to play there can lead to fault being placed upon the Marlton property’s owner or manager. Overall, there are three classifications of visitors to a property under New Jersey law.
Invitee: This is a person who is invited onto the property whether for business or private activities. A business invitee is a customer at retail store or at a hotel. An invitee can be the member of a church or a police officer inspecting a property after a suspected burglary.
Licensee: This includes a social guest or someone walking along a sidewalk who trips and falls. Property owners must warn licensees about dangers they knew of should have known about, but they are not required to actively inspect their properties to uncover hidden dangerous conditions.
Trespasser: This refers to someone who does not have permission to be on the property, such as a burglar. Property owners have a low duty of care to trespassers.
How Can Joseph Monaco Help You?
As a second generation trial lawyer, I have learned to respect the impact that personal injuries or wrongful death can have on a victim and his family. For over 30 years, I have worked to help injury victims achieve justice including helping them regain a sense of normalcy in their lives after the tragic event.
What Type of Compensation can you Expect in a Marlton Personal Injury Case?
Success matters – I am committed to working tirelessly to achieve the largest possible monetary awards for my clients’ damages and losses. Monetary compensation cannot take back a client’s injuries or the loss of a loved one, but it can help her get her life back in order. Being seriously injured or wrongfully killed in Marlton, New Jersey can lead to significant financial and emotional hardships. Over the years, I have personally recovered millions of dollars for my clients and their families.
Experience – I have represented injury victims in New Jersey for over 30 years. I am a second generation trial who knows the ins and outs of this profession. The biggest compliment I can receive is a referral from a former client. The majority of my clients come to me this way. And I am proud to say that I still get referrals from my father’s former clients. He took down his shingle and retired over ten years ago but everyone still remembers him and asks how he is doing.
Service – I am tough as they come in the courtroom and at the negotiating table, but when it comes to dealing with my clients, I work to treat them with the respect they deserve by being attentive and easily accessible.
What Damages are Awardable in a Marlton Premises Liability Case?
New Jersey law allows injury or wrongful death victims to seek compensation when a dangerous property causes harm. I pursue for my clients awards of monetary compensation for the following types of damages:
- Medical bills – Even a trip to the emergency can add up to thousands of dollars. Pursuing compensation for past and future medical bills will allow you to get the treatment you require to heal.
- Lost earnings – Fortunately, if you work for a New Jersey employer, the State of New Jersey will provide you with six months of temporary disability benefits, but there are caps on the amounts one can receive. Plus, after the six months, your bills do not stop along with the disability benefits. Your rent or mortgage is still due at the beginning of the month. Seeking monetary compensation for past and future lost wages will lessen the impact brought on by being an injury victim.
- Pain and suffering plus loss of life’s pleasures – These are considered non-economic damages but a Marlton injury victim is still entitled to be fairly compensated monetarily for these losses. Pain can significantly interfere with your well-being. Missing your child’s soccer game or a close friend’s wedding also takes its toll on one’s enjoyment of life.
Contact A Skilled Marlton Slip & Fall Lawyer Today
If you or a loved one need a Marlton slip & fall lawyer, or other type of premises liability lawyer, call or text me at 609-277-3166. I offer a Free Consultation, and the No Recovery, No Fee Guarantee.