Cherry Hill Premises Liability Lawyer

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Cherry Hill Premises Liability Lawyer

We all fall into the habit of telling a family member to “be careful” whenever they leave the house. The hope is that the reminder will be enough to ensure they watch where they’re going and pay attention to their surroundings to avoid any potential hazard.

In reality, there is just no telling what can happen when you step outside your door.

Yes, most trips to the grocery store or to run other errands are uneventful. That’s a good thing. However, there are situations where you can be seriously injured by falling in a store or office building lobby.

When that happens, don’t automatically assume you lost your footing. It could be that you slipped on a wet floor or broken tile. In that scenario, the property owner can be held liable for not maintaining their property.

Holding a property liable does not automatically mean you’ll be rushing to file a lawsuit. What it does mean is that you won’t be burdened with any financial losses due to medical bills or missed time at work. You’re entitled to seek compensation for that, but it will mean getting support from an experienced Cherry Hill premises liability lawyer.

The personal injury lawyers at the Folkman Law Offices have helped many Cherry Hill residents recover a fair settlement from property owners who failed to provide a safe environment for their customers.

You shouldn’t put your financial security at risk because of someone’s negligent actions.

Common Hazards Leading to Premises Liability Claims

A premises liability claim can be filed against the property owner, their tenant, or a management company. It can be a store owner, or sadly, your neighbor. What are the common hazards that can lead to a premises liability claim? It will most likely be one of these scenarios:

  • Slip, Trip, and Fall Risks: Spilled liquids, icy walkways, uneven pavement, and loose rugs create tripping accidents at stores, restaurants, movie theaters, and office buildings.
  • Poor Maintenance: You might encounter broken stairs, damaged handrails, and malfunctioning elevators that create physical dangers.
  • Inadequate Security: Dim parking lots, broken locks, and missing security gates can lead to foreseeable assaults or crimes.
  • Swimming Pool Dangers: A swimming pool in a backyard, apartment complex, or hotel that lacks fences, safety gates, or zero supervision during active hours can lead to severe accidents.
  • Toxic Exposure: If you rent a home or commercial space that is later found to contain hazardous materials like asbestos, lead paint, or black mold that cause chronic health issues, you could have an actionable cause for a premises liability claim.
  • Dangerous Animals: If someone in your neighborhood has an uncontrolled pet or aggressive dog that bites you, the dog owner can be held liable.

Speak With a Premises Liability Lawyer

Determining Your Visitor Classification

Before you can file a premises liability claim, you have to establish your visitor classification. In other words, what were you doing on the property? You’ll most likely either be an invitee or a licensee.

Invitees

An invitee is someone who enters a property intending to engage in a transaction that benefits the owner.

Typically, this will mean any customers in a store, or patrons to a restaurant or venue. Invitees are also clients, vendors, and delivery workers. It’s important to remember that just because you go into a business, you don’t have to complete a transaction to be considered an invitee. In other words, you can fall in a grocery store before you check out, and you would still be an invitee.

Property owners or their tenants owe the highest duty of care to invitees. That means they must actively inspect the premises, fix hazards promptly, and warn guests of dangerous conditions.

Licensees

A licensee is anyone who enters a property with the owner’s permission for their own personal convenience. This classification applies to any social guest visiting a home.

The owner of the home owes a moderate or limited duty of care. They do not need to inspect for unknown hidden dangers actively, but they must warn licensees about any known, non-obvious dangers. This might apply if there is a wobbly railing or slippery porch step.

Trespassers

A trespasser is anyone who enters or remains on a property without any permission or legal right to be there. Someone who takes a shortcut across private land is a trespasser.

The same can be said for any intruders at a business or private home.

Owners generally owe no duty to keep the property safe for a trespasser. However, they can’t intentionally injure the trespasser.

The Role of Evidence in Building a Strong Case

One reason to work with an experienced Cherry Hill premises liability attorney is to get help gathering evidence to build a strong case.

Often, it comes down to determining the issue of notice. Either the owner or staff directly knew about the hazard, or the hazard sat there long enough that a responsible owner should have spotted and fixed it during regular checks.

In order to prove your premises liability claim, the attorneys at Folkman Law Offices can do a deep dive into the history of the property. Have there been inspection violations?

Have there been previous injury incidents? Those can establish a pattern of negligence.

Our attorneys can also help secure the following crucial types of evidence:

  • Surveillance footage
  • Witness statements
  • Property incident report
  • Medical records
  • Proof of employment losses

When you have strong evidence, it is harder for an insurance company to deny your claim.

We're Proud of Our Results

  • $100,250,000
    Survival Claim

    We obtained one of the largest personal injury judgments in New Jersey through a survival claim arising from the tragic beating death of a husband and wife.

  • $11,482,000
    Wrongful Death

    Our firm secured substantial compensation in a wrongful death claim resulting from the murder of a man by his ex-girlfriend.

  • $5,200,000
    Medical Malpractice

    We successfully obtained a verdict against an obstetrician/gynecologist for failure to monitor a patient, deviation from accepted practices, and injury during a procedure.

  • $3,300,000
    Medical Malpractice

    Our firm achieved a substantial award in a medical malpractice case involving a failure to timely diagnose and treat a neurological condition.

  • $3,000,000
    Survival Claim
    Wrongful Death

    Our diligent representation led to a significant award in a case involving the death of a child struck by his own school bus.

  • $2,000,000
    Legal Malpractice

    We negotiated a complex settlement, representing the entire insurance policy available, in a case involving legal malpractice.

  • $1,900,000
    International Commercial

    Our firm achieved a substantial award in an international commercial case arbitrated before the International Chamber of Commerce, addressing non-payment of sales commissions.

  • $1,800,000
    Condominium Association

    We successfully represented a condominium association in a matter against a Superstorm Sandy general contractor who failed to properly repair common areas, securing a significant settlement.

  • $1,600,000
    Whistleblower/Employment Discrimination

    Our firm obtained a present value settlement in a case where a police officer blew the whistle on their former employer, a police department, and the chief of police, alleging employment discrimination.

  • $1,250,000
    Oppressed Shareholder

    We secured a substantial settlement in a case involving an oppressed shareholder claim.

Damages Available for Injured Victims in Cherry Hill

The goal of a personal injury claim is to help you recover from the financial and personal impact of your accident. Compensation does more than cover your medical bills; it can protect your future. Some areas a lawyer may pursue on your behalf include:

  • Medical expenses, including emergency care, hospital stays, surgeries, medications, physical therapy, and any future treatment your injury may require.
  • Lost income and reduced earning capacity if your injury prevents you from working or limits your ability to earn in the long term. This compensation can cover both lost wages and future earning potential.
  • Pain and suffering for injuries that have brought you emotional distress. Compensation can reflect the disruption to your life, the stress you endure, and the challenges of recovery.
  • Property damage to your personal property, such as your car or other valuables, if it occurred in the accident. Your claim can include reimbursement for repair or replacement costs.

A skilled personal injury lawyer will make sure your claim captures both immediate and long-term losses. We want to make sure you’re not left struggling financially or physically months or years later.

Start the Claim Process with Folkman Law

No one expects to get hurt when visiting their favorite store or restaurant. You also don’t expect to be injured visiting a neighbor’s open house party. When those accidents happen, you need to closely examine whether it happened because of your actions or the property owner’s lack of action.

When the owner fails in their duty of care, you are entitled to be compensated for any losses. Securing that settlement is what the attorneys at the Folkman Law Offices can help with.

No one likes to admit that their actions led to someone getting hurt. Property owners and their insurance companies frequently argue that the injured party was either partially or entirely responsible for the accident. That can help them reduce or avoid paying compensation under New Jersey’s modified comparative negligence rule.

At Folkman Law, we know how these defense strategies work. When we agree to take on a claim, it is because we’re confident about who is really at fault. We make that determination based on the evidence and won’t back down from a fight.

If you have been injured because of unsafe property conditions, contact our Cherry Hill premises liability lawyer today to schedule a consultation.

We’ll discuss what happened, answer your questions, and provide guidance on what steps to take next to help you secure a fast and fair settlement.

Benjamin Folkman