Premises Liability Lawyer
At The Law Office of Miller & Gaudio PC, we provide powerful legal representation to individuals who have been seriously injured on unsafe or poorly maintained properties. Whether you were hurt in a store, apartment complex, public building, or private home, New Jersey law gives you the right to pursue compensation if your injury was caused by a property owner’s negligence. These cases fall under a category known as premises liability law—a critical area of personal injury law that protects the public and holds property owners accountable for dangerous conditions.
Our attorneys bring decades of experience and a track record of success in handling these complex cases. We are here to listen, investigate, and take decisive legal action to help you recover the compensation you deserve.
What Is Premises Liability?
Understanding the Legal Foundation
Premises liability refers to the legal responsibility that property owners and occupiers have to maintain reasonably safe conditions for those who lawfully enter their property. If a person is injured due to hazardous or unsafe conditions that the owner failed to repair, remove, or warn about, the owner can be held liable for the resulting damages.
Negligence Is the Core Issue
These claims are rooted in the concept of negligence. To succeed in a premises liability case, the injured party must prove that the property owner was negligent in caring for the property, and that this negligence directly caused the injury. This could involve failure to clean up a spill, not repairing a loose railing, or ignoring repeated complaints about a dangerous stairwell.
Legal Liability: Who Is Responsible?
Determining Who Owes a Duty of Care
Property owners, landlords, tenants, and sometimes even property management companies may all bear legal responsibility for injuries occurring on the premises. The key factor is who controlled the property and who had the obligation to maintain it at the time of the incident.
Different Standards for Different Visitors
The level of responsibility owed can also vary depending on the visitor’s legal status. New Jersey law generally classifies visitors as invitees (customers or business guests), licensees (social guests), or trespassers. Property owners owe the highest duty of care to invitees, such as shoppers in a store, and a lesser duty to social guests. They generally owe no duty to trespassers—except in cases involving children or known hazards.
Multiple Parties May Be Liable
In some cases, more than one party may share liability. For example, if a tenant was injured in an apartment complex stairwell due to poor lighting and broken steps, both the landlord and the building manager could be held responsible. Our firm investigates thoroughly to ensure every responsible party is identified and held accountable.
Types of Premises Liability Cases We Handle
1. Slip and Fall Accidents
These are the most frequent premises liability cases and often involve wet floors, icy sidewalks, or flooring hazards. A failure to place warning signs or remove known risks can result in liability for the property owner.
2. Trip and Fall Incidents
Obstructions, defective stairs, loose carpeting, and uneven pavement are common causes. These accidents can lead to serious injuries, especially for elderly individuals.
3. Inadequate Building Maintenance
Structural failures such as collapsed ceilings, broken railings, or malfunctioning elevators often result from neglected maintenance. These issues can cause catastrophic injuries and may involve code violations.
4. Negligent Security
If you were injured or assaulted in an area that lacked proper security—such as a parking lot, apartment complex, or nightclub—you may have a valid claim. Property owners have a duty to provide adequate lighting, security personnel, or surveillance where risks are foreseeable.
5. Swimming Pool Accidents and Child Injuries
Children are particularly vulnerable to property hazards. Unsecured pools, broken playground equipment, or unsafe structures can give rise to a premises liability claim, especially when the “attractive nuisance doctrine” applies.
6. Dog Bites and Animal Attacks
Property owners may be responsible for injuries caused by pets or animals on their premises if they failed to restrain or warn about the animal’s aggressive behavior.
Injuries Commonly Seen in Premises Liability Cases
Physical Trauma and Emergency Care
Many victims suffer immediate injuries such as fractures, sprains, or cuts that require emergency room treatment. Head injuries and internal trauma are common in falls or object impacts.
Long-Term Health Consequences
More serious cases involve traumatic brain injuries, spinal cord damage, paralysis, and severe orthopedic injuries. These injuries can result in long-term disability, requiring surgeries, physical therapy, and lifestyle changes.
Psychological and Emotional Harm
Victims also endure emotional and psychological distress, including anxiety, depression, or post-traumatic stress disorder—especially in cases involving assault or traumatic falls.
Filing a Premises Liability Claim in New Jersey
Legal Process and Requirements
Filing a claim begins with documenting the incident—taking photographs, obtaining a report from the property owner or business, and seeking immediate medical treatment. These actions establish a clear record of events and injuries.
Statute of Limitations
In New Jersey, victims typically have two years from the date of the injury to file a premises liability lawsuit. Waiting too long can bar you from recovering any compensation, so it’s critical to act quickly.
Building a Strong Legal Case
An experienced attorney will investigate the cause of the accident, gather maintenance and inspection records, interview witnesses, and if needed, consult with safety experts to strengthen your claim. The legal team at The Law Office of Miller & Gaudio PC has the tools and experience to ensure every detail is covered.
What Types of Compensation Are Available?
Medical Expenses and Rehabilitation Costs
You may recover the full cost of your medical care, including hospital visits, surgeries, medications, physical therapy, and future treatment needs.
Lost Wages and Earning Capacity
If your injury has caused you to miss work or permanently impacted your ability to earn a living, you can seek compensation for those financial losses.
Pain, Suffering, and Emotional Distress
Non-economic damages cover the pain, trauma, and emotional toll associated with your injury. These damages recognize the disruption to your life and personal wellbeing.
Punitive Damages in Severe Cases
In cases where the property owner acted with extreme negligence or reckless disregard, punitive damages may be awarded to punish the behavior and deter others from similar conduct.
How The Law Office of Miller & Gaudio PC Helps
From First Consultation to Final Settlement
When you contact us, we begin with a thorough consultation to understand your situation. We’ll evaluate the facts, answer your questions, and explain your legal options clearly and compassionately.
Comprehensive Investigation and Legal Strategy
Our attorneys leave no stone unturned. We investigate the scene, collect records, consult with specialists, and develop a legal strategy tailored to your case.
Negotiation with Insurance Companies
We deal directly with insurance adjusters and opposing counsel to negotiate for the highest possible settlement. If the other side refuses to offer fair compensation, we are prepared to go to court.
You’re Never Just a Case Number
At The Law Office of Miller & Gaudio PC, you receive personalized attention, strategic legal representation, and a team fully committed to your recovery. We understand how deeply a serious injury can affect your life—and we fight to make sure justice is served.
Do You Have a Case?
Evaluating the Facts
If you were injured on someone else’s property and believe the condition was unsafe or poorly maintained, you may have grounds for a premises liability claim. Don’t assume you were at fault or that the injury was simply bad luck.
Consultation Costs Nothing—But Ignoring It Could Cost Everything
We encourage you to speak with an attorney as soon as possible. We’ll review the evidence and let you know whether you have a strong case. There is no fee unless we recover compensation for you.
Frequently Asked Questions
What is a premises liability claim, and do I qualify to file one?
A premises liability claim is a legal action you can take if you’ve been injured on someone else’s property due to unsafe or hazardous conditions. You may qualify to file a claim if the property owner or manager failed to maintain the premises in a reasonably safe condition, and that failure directly led to your injury. Whether you slipped on a wet floor, fell due to a broken stair, or were assaulted in an inadequately secured area, you may be entitled to compensation under New Jersey premises liability law.
How do I prove that the property owner was negligent?
To prove negligence in a premises liability case, you must demonstrate that the property owner owed you a duty of care, breached that duty by failing to address a dangerous condition, and that this breach directly caused your injury. Evidence such as photographs of the hazard, medical records, incident reports, witness statements, and maintenance logs can all help establish liability. An experienced attorney will help you gather and present this evidence in a compelling way.
What kinds of compensation can I receive for a premises liability injury?
If your claim is successful, you may be entitled to compensation for medical bills, rehabilitation costs, lost income, loss of future earning capacity, pain and suffering, and emotional distress. In severe cases where the property owner’s actions were grossly negligent, you may also be awarded punitive damages. The exact amount depends on the facts of your case, the severity of your injury, and the long-term impact on your quality of life.
How long do I have to file a premises liability claim in New Jersey?
In most cases, you have two years from the date of your injury to file a premises liability lawsuit in New Jersey. This deadline is known as the statute of limitations. If you miss this deadline, you may permanently lose your right to pursue compensation, regardless of the severity of your injuries. It’s important to consult with an attorney as soon as possible to preserve your rights and begin building your case.
What if I was partially at fault for the accident? Can I still recover damages?
Yes. New Jersey follows a legal principle known as comparative negligence. This means that even if you were partially responsible for your accident, you may still recover damages—so long as your share of the fault is 50 percent or less. Your total compensation will be reduced by your percentage of responsibility. For example, if you were found to be 20 percent at fault and awarded $100,000, your final recovery would be $80,000.
Contact The Law Office of Miller & Gaudio PC Today
If you’ve been injured on someone else’s property, the time to act is now. Don’t let unsafe conditions go unchallenged, and don’t allow insurance companies to diminish the seriousness of your injuries.
Contact The Law Office of Miller & Gaudio PC today for a free, no-obligation consultation. We’re here to provide clarity, take on your legal burden, and fight for the compensation you deserve.