Atlantic City Premises Liability Attorney
New Jersey law requires property owners and occupants to maintain a safe environment for people who visit them. Property owners and occupants who fail to uphold their legal duty face legal liability for harm that comes to visitors. Lawyers refer to this as premises liability, in the sense that owners/occupants have liability for injuries that happen on their premises.
If you, your child, or another loved one has suffered injuries in an Atlantic City premises liability incident, then you may have the right to take legal action seeking substantial compensation. Contact one of the Atlantic City premises liability lawyers at The Levin Firm today online or at (215) 825-5183 for a free consultation.
Our Atlantic City Premises Liability Law Practice
Since 2005, The Levin Firm has represented South Jersey residents, workers, and visitors in lawsuits seeking compensation for personal injuries. A core focus of our practice has always included pursuing payment for clients who suffered injuries in preventable incidents on someone else’s property.
Our team has the experience and know-how to obtain maximum compensation for victims of premises liability injuries in Atlantic City, including especially people who have suffered serious harm at one of AC’s many hotels, casinos, restaurants, and entertainment venues. Read our testimonials page to see what our clients have to say about our commitment to serving their interests and getting them the money they need and deserve.
Visitor Status in New Jersey Premises Liability Claims
Although property owners/occupants generally must maintain a safe environment for visitors, their exact duties towards an individual who comes onto their property hinges on the degree of permission the person has to be there. New Jersey, like most states, groups visitors into three categories of legal status that affects the level of duty an owner/occupant has to keep them safe.
Under New Jersey law, an invitee is someone who has permission to enter a property and remain on the premises for the benefit of the owner or occupant by express or implied invitation. Examples of invitees are movie-theater patrons, shoppers at the mall, diners at a restaurant, and guests at Atlantic City casinos. Property owners and occupants have a legal duty to care for an invitee’s safety, to take steps to fix known hazards or dangerous conditions, and to warn invitees of any known dangers on their property.
New Jersey defines a licensee as a person who has the consent of a property owner to enter or remain on their land for a purpose other than the owner/occupant’s principal benefit. Examples of licensees can include salespeople, social/party guests, political canvassers, people who enter a building to get out of the rain, people searching for pets who have wandered into someone else’s backyard, and utility workers.
Property owners have a legal obligation to abstain from intentionally harming licensees and must warn them of known hazards that the licensee might not recognize.
Trespassers are people who enter or remain on a property without the owner/occupant’s express or implied permission. Property owners and occupants only must refrain from doing willful harm to trespassers. They have no other legal duty to keep a trespasser safe unless the trespasser is a child. Property owners do not face automatic liability for injuries to child trespassers.
However, if what New Jersey law calls an artificial condition exists on a property that might attract a child to play on or around it, then New Jersey law holds property owners liable for injuries a child trespasser sustains if:
- The owner knows children will likely trespass, and
- The owner knows or should know, that the condition is dangerous for children, and
- The child(ren) do not discover the condition, realize risks of trespassing or engaging with the condition, and
- The burden of eliminating the danger is comparatively slight to the risk it poses to children, and
- The owner fails to take reasonable measures to eliminate the danger and protect children.
Common examples of an artificial condition include swimming pools, playground equipment, heavy machinery, and piles of dirt or construction materials. Contact The Levin Firm right away if your child suffered an injury because of an artificial condition at an Atlantic City property.
Premises Liability Claims Stem From a Variety of Incidents
People can suffer injuries that lead to an Atlantic City premises liability lawsuit in a wide variety of scenarios. Here are some of the most common situations that cause injuries to a visitor on someone else’s property:
Slip and Fall Accidents
Unintentional falls are the most common type of premises liability event. Lawyers refer to these incidents as slip and falls, although they encompass any series of events that lead to someone falling and getting hurt, whether that means slipping, tripping, losing balance, or making a misstep. (In other words, you might have a slip and fall case even if you did not technically slip.) Our firm helps people who fell and got hurt at an Atlantic City property, no matter what caused the fall.
According to the Centers for Disease Control and Prevention (CDC), approximately 20 percent of falls lead to severe injuries, which can include complex fractures, spinal cord damage, and traumatic brain injuries (TBI). Young children and older adults who sometimes struggle with balance face high risks of harmful falls.
The CDC also estimates that about 3,000,000 people receive emergency room treatment for fall-related injuries across the United States each year, including 800,000 hospital stays for at least one day.
Numerous dangerous conditions and hazards can lead to a dangerous slip and fall accident, including:
- Structures with worn, weak, or rotted floor coverings, handrails, and stairs
- Uncleared snow, ice, or trash from parking lots, storefronts, sidewalks, and driveways
- Falling items and debris from building sites
- Spillage and use of wet items like water, floor cleaners, floor wax, food, oil, and vehicle fluids
- Spillage and use of dry products such as soil, sand, dirt, sawdust, grains, and powders
- Uneven and poorly maintained boardwalks, sidewalks, trails, and other walking paths
If you visited a commercial or residential property in Atlantic City and suffered any kind of injury in a preventable fall, then contact The Levin Firm right away. Chances are you have rights to substantial compensation.
Elevator and Escalator Accidents
Atlantic City is chock-full of hotels and high rises containing elevators and escalators. We tend to think of these building features as welcome conveniences, which they are so long as property owners maintain them properly. Unfortunately, not all property owners and occupants in AC spend the time and money necessary to keep elevators and escalators in safe working condition.
Visitors who use under-maintained elevators and escalators unwittingly face extreme risk of serious, even fatal, injury if, for example:
- Escalators suddenly stop or lurch;
- Elevators suddenly drop;
- Elevator doors do not open or open between floors;
- Elevator doors open into an empty elevator shaft; or
- Escalators trap riders’ fingers, feet, or belongings.
Atlantic City property owners and occupants have no excuse for allowing the public to use an unsafe elevator or escalator. Contact The Levin Firm immediately if you or a loved one suffered an injury on one.
Swimming Pool Accidents
Summer in Atlantic City means enjoying time at the beach and the pool to escape the heat and soak up some rays. Yet, hotels, water parks, and other businesses that operate pools put swimmers – especially children – at risk for injury or death if they fail to maintain and monitor their pools safely.
According to the Consumer Products Safety Commission (CPSC), about 150 children under age 14 drown across the United States in swimming pools each year between Memorial Day and Labor Day; and that tragic toll does not even include non-fatal pool injuries or harm to adults around pools.
To keep swimmers and sunbathers safe, owners and occupants of properties that feature swimming pools should:
- Inspect and maintain all pool features, including ladders, handrails, steps, pumps, filters, diving boards, and slides;
- Clean, maintain, and fix concrete and tiles in and around a pool;
- Limit the number of people using a pool to reduce risks of crowding;
- Install fences or walls around a pool to keep small children away at odd hours; and
- Make lifesaving equipment readily available, with or without the presence of a lifeguard.
The Levin Firm holds property owners and occupants accountable for failing to keep swimmers safe around Atlantic City pools. Contact us today.
Inadequate Building Security
Atlantic City caters to tourists, and most visit its casinos, venues, and boardwalk without incident. Still, tourist-heavy destinations also unfortunately serve as a magnet for criminals. Thieves and predators sometimes hide among the City’s beachgoers and gamblers, looking to take advantage of a distracted, inebriated, or careless visitor.
No one can prevent crime altogether, of course. However, owners and occupants of Atlantic City properties do have an obligation to take reasonable steps to keep visitors safe from criminal activity. Each property differs, so what may constitute adequate security measures varies.
However, some of the steps owners/occupants may need to take to keep themselves free of liability include:
- Poor lighting in parking garages, parking lots, and other areas;
- Improper locks on hotel doors or apartment doors;
- Improper security alarms;
- Failure to monitor security cameras; and
- Poor hiring and training practices of security personnel.
If you fell victim to a crime while visiting Atlantic City, and it happened on someone else’s property, then call The Levin Firm today to explore your legal rights.
Many hazardous conditions, substances, and scenarios cause deadly fires and explosions. Some examples include electrical shorts, lit cigars and cigarettes, and flammable substances. A New Jersey court might hold a property owner or occupant liable for injuries from a fire or explosion that occurred because of the owner/occupant’s negligence. At a minimum, property owners and occupants in Atlantic City must maintain their premises in accordance with local fire regulations, and must operate their premises in a manner that does not create an unreasonable risk of fire or explosion that could harm visitors.
Contact The Levin Firm right away if you or a loved one suffered a burn injury in an Atlantic City fire or explosion.
Seeking Damages in Atlantic City Premises Liability Cases
Victims of a preventable injury at an Atlantic City commercial or residential property may have the right under New Jersey law to take legal action seeking compensation from property owners or occupants to pay for:
- Medical treatment costs including ambulance and emergency response services, emergency room visit, hospitalization, surgery, x-rays, followup visits, and travel to and from the hospital and doctor
- Estimated future medical expenses when a premises liability accident leads to a severe injury requiring extensive recovery or a permanent condition or disability requiring ongoing care and treatment
- Lost wages when injuries force someone to use all their paid time off and miss a significant amount of work, sometimes months
- Estimated future lost wages when a premises liability accident leads to a catastrophic injury that prevents one from returning to work or seeking gainful employment in the future
- Physical pain and suffering
- Emotional distress
- Loss of consortium with a spouse
- Reduced quality of life
- Scarring and disfigurement
- Punitive damages when injuries occur as a result of intentional harm or gross negligence
New Jersey law also permits the survivors of a person who tragically dies in an Atlantic City premises liability incident to take legal action for wrongful death. Speak to the experienced attorneys at The Levin Firm today to learn about your and your family’s rights to compensation after a tragedy in Atlantic City.
Your Atlantic City Premises Liability Lawyers
People who suffer injuries as a result of an unreasonably dangerous condition at an Atlantic City residential or commercial property deserve compensation. The skilled legal team at The Levin Firm understands the challenges you face in the wake of a serious injury, and we are here to help.
If you or a loved one suffered injuries in Atlantic City while visiting a residential or commercial property, contact us online or at (215) 825-5183 for a free case evaluation.