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Premises Liability Lawyers for Bergen County & Rockland County

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Feb 13, 2018

Read Time: 5 mins

At its broadest level, the concept of “premises liability” sounds very simple: a property owner is liable to visitors for injuries they suffer from unsafe conditions on that property. For more than forty years, the premises liability lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. (KGG) have represented injured parties in cases in both New York and New Jersey. We know that premises liability lawsuits are never simple, and that your lawyer’s knowledge and experience can make all the difference in helping you to recover damages for injuries you suffer when a property owner negligently exposes you to risks.

Common Premises Liability Accidents

“Premises liability” can encompass a wide array of injury scenarios, including:

Slips, trips and falls, on both seen and hidden obstacles
Injuries around swimming pools
Animal bites from domestic or wild animals on the property
Inadequate security that increases the risks of criminal theft or assault on visitors by third parties
Injuries on commercial properties, such as retail stores and restaurants
Inherent hazards from structures and landscaping on the property
Strict liability hazards from situations such as the use or storage of explosives, or caustic chemicals

Assessing Liability in Premises Liability Cases

A premises liability lawsuit does not begin and end with an injury to a visitor on the premises. Premises liability attorneys will need to examine a host of other factors.

Was the visitor an invitee, a licensee, a social guest, or a trespasser?

Property owners are presumed to have made an implied promise to take reasonable steps to ensure the safety of persons that they invite to the property. Unlike invitees and guests, licensees and trespassers do not receive an implied promise that the owner has taken reasonable measures to verify the safety of the property.

What was the owner’s knowledge of the unsafe conditions?

In cases where an injury occurs on a commercial premises, New York State examines whether a property owner was aware of recurring unsafe conditions (e.g. puddled water from a leaky pipe) that might injure an invitee. Alternately, New Jersey places a greater burden on the premises owner to show that he, she, or it acted reasonably, regardless of whether it had knowledge of recurring unsafe conditions.

Do premises owners owe any duty to trespassers?

A premises owner might be liable to trespassers if the owner knows that a trespasser is likely to enter a property, if the owner has created or maintained conditions that can cause serious injuries or fatalities, and if the owner fails to post warnings about those conditions.

What if an injured party is partly to blame?

Different jurisdictions treat comparative negligence differently. A party that suffers a slip and fall injury in NY, for example, will receive damages that are reduced by his or her own contribution to the injury, regardless of the amount of that contribution. If that party were injured in NJ, he or she can collect damages only if his or her contribution to the injury is not greater than the property owner’s contribution.

Factors That Contribute to Premises Liability Settlements & Awards

An experienced premises liability lawyer will demand damages to compensate for multiple different types of injuries:

Compensatory or actual damages for medical expenses, lost earnings and loss of income, and physical pain and suffering that are necessary to put the injured party back in the same position he or she was in prior to the accident;
Punitive damages in cases where penalizing a negligent party will discourage further egregious or willful or wanton negligence;
Court costs and legal fees, particularly where a premises liability case does not settle, but proceeds to trial.

A skilled and experienced lawyer will know how to calculate the actual damages that an injured party will suffer as a result of an injury, and will use that calculation to negotiate a settlement or to demand damages at trial. Factors that typically affect actual damages include the age of the injured party, and the length of time that is required for full recovery from the injury.

How You Can Benefit from Representation by the Premises Liability Attorneys at KGG

The premises liability lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have the knowledge, skills, and experience to assess your case quickly, to verify the responsibility of the property owner toward you, and to get you the compensation you deserve for your injuries. We have negotiated settlements and recovered damages at trial for injured parties throughout New York and New Jersey. We offer complementary case evaluations, and you will pay nothing unless we recover damages for you.

Additional “Premises Liability Law in NY & NJ” Resources:

Justia.com: Premises Liability https://www.justia.com/injury/premises-liability/
Justia, Rowe v. Mazel Thirty, LLC, https://law.justia.com/cases/new-jersey/supreme-court/2012/a-95-10.html

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Client Reviews

    
 
 
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   Kenny Perlow 
 15 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 79 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 140 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!
  
 
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   Lynn Gill 
 141 days ago
 
 
 Trustindex verifies that the original source of the review is Google. The personnel at this business were second to none. Everyone was super responsive and amazing to work with. For any future legal needs, this will be my go-to, hands down.