You have a right to expect your landlord or other property owners to take reasonable steps to protect residents and visitors from foreseeable dangers and threats from bad actors. When they don’t, you may have a case for negligent security.

What Sort of Situations Can Give Rise to a Negligent Security Claim?

Every case is fact-specific, but negligent security cases can involve gas stations, workplaces, shopping centers, convenience stores, parking garages, nightclubs, hotels and apartment buildings – among other places.

The big question that you may have to ask is how foreseeable the danger to you was and what the property owner could have done to better protect you.

For example, imagine the following situations:

• You’re on vacation and you pick a hotel at random. The hotel manager is aware that rooms have recently been broken into but doesn’t hire any additional security or warn you about the danger. You’re later surprised by someone in your room, beaten and robbed.
• You work at a hospital. The management knows that some of the nurses and other employees have encountered threats from vagrants in the area when trying to get through the parking deck. They don’t add any additional locks, lighting or security guards. You end up being attacked by someone and hurt.

In both of those situations, it’s clear that the landlord, owners or managers were conscious of the potential for danger from third parties. It’s also clear they could have done more to protect the people who are lawfully on the premises.

Premise liability claims for negligent security are not always so clear and easy to determine. Don’t assume that you don’t have a claim until you’ve sought experienced legal guidance.

There are gray areas that could suggest the city could be the responsible party. Business owners might try to blame the city for not clearing the sidewalks. Regardless of who is at fault for not clearing the area, these accidents result in injury, medical bills, and time away from work for the victim. If you suffered a personal injury from an outdoor slip and fall because of an unclear pathway, you should be compensated for your losses.

Personal Injury Claims From an Outdoor Slip and Fall Accident

If you get injured due to an outdoor slip and fall, you have the right to file a personal injury claim against the business owner. Suppose there were condition issues such as snow or ice-covered sidewalk, poor lighting, or other obstacles that resulted in your fall. The property owner may be responsible for not making the area safe. In that case, they may be found liable for your injuries.

How to Know if You Have a Personal Injury Claim From an Outside Slip and Fall Accident

A personal injury accident can be confusing; if it was an accident, then how can someone be at fault? Legally, the property is the owner’s responsibility. If the owner had taken the appropriate steps to remove the obstacle, the accident could have been prevented.

By bringing your personal injury case to court, you may have a judge determine whether the accident was preventable if not for the property owner’s carelessness. In some cases, business liability insurance providers offer injured victims settlements in order to avoid court proceedings.

What is the New Bill?

After several complaints of dog bites afflicting the public, the state proposed a new bill, A-2401, the Responsible Dog Ownership Act. If the bill is passed, it would require individuals who have large breed dogs to build tall fences around their properties to keep their pets in, preventing them from escaping and potentially harming the public. There are other measures proposed in the bill, including keeping dogs on leashes to secure them.

How is the New Bill Being Viewed?

Some local politicians announced that they would oppose the A-2401 bill, stating that the requirement of tall fencing can pose financial hardships to homeowners. They also cited the bill’s requirements as a very drastic measure and questioned whether it truly is in the interests of the public’s safety. Certain animal welfare groups also oppose the bill.

The bill also states that anyone who owns large breed dogs and doesn’t comply with the rules will be subject to fines. Additionally, it states that if any dog owner deliberately and knowingly lets his or her dog wander around without a leash in neighborhoods, parks or other areas, especially where children may be present, may be subject to criminal charges.

An assemblyman who sponsored the bill stated that the point of the measure is to keep dog owners responsible and prevent dog bites and attacks from occurring. He added that fencing around a large dog’s property should be high enough to keep the dog from escaping, such as by jumping over fencing that’s too low or digging its way out from under a fence.

The measure would not apply to dog owners who live in apartments or townhouses but only to those living in private houses.

Questions About Grocery Store Slip-and-Fall Accidents

Assumptions that a grocery store is always responsible for injuries on its premises would not be correct. There must be some element of negligence involved.

If a bottle of tomato sauce slipped out of someone’s hands and shattered, the grocery store may be liable when workers fail to clean up the mess. A customer who falls 30 seconds after the bottle broke might find the store is not negligent, however, as that might not even be close to an adequate response time.

What if the grocery store cleaned up the mess and posted signs about being cautious due to a wet floor? Someone who ignores the warning may end up responsible for his or her injuries. Cleaning up the floor, making the surface slippery, and not cleaning anything up might leave the grocery store open to litigation.

Customers Could Be Liable

What if horseplay between customers led to the tomato sauce bottle breaking? The “misbehaving” customers may face claims of negligence, while the store might not be responsible. If the store’s management did not take steps to stop frequent occurrences of horseplay, then liability may extend to the store.

Persons hurt in a slip-and-fall accident may file an insurance claim against the store’s provider. The provider may attempt to deflect liability from its client.

Injured persons wishing to explore a premises liability claim or lawsuit could speak to a personal injury attorney. The attorney may advise on a course of action to take.

Basics of Attractive Nuisance Doctrine

Premises liability law requires property owners to keep their premises reasonably safe. Attractive nuisance doctrine protects children who enter the property and get injured by an object. This law presumes that children don’t have the capacity to understand potential dangers as opposed to an adult.

An object classifies as an attractive nuisance if the landlord knew the hazard existed, constructed or set up the object, maintained the object and knew that it would be a potential hazard for children. Some jurisdictions require property owners to make certain features artificial to prevent injury. While courts seldom require a child to be a specific age to recover damages, they may consider whether the child has the capacity to understand risk, such as knowing the danger of jumping from high places.

Types of Nuisances

Attractive nuisances include swimming pools, animals, trampolines, power lines, stairs, tree houses and tunnels. A land owner may not consider some things a nuisance, such as a lumber pile, old appliances or vehicles, but these items can attract children. For example, a child’s curiosity could get them locked inside an old refrigerator. Some states do not consider some natural features such as ponds, cliffs, lakes or hills legal nuisances, but a man-made land or water feature could be an attractive nuisance.

Premises liability law can subject landowners to lawsuits to help injured parties pay for their medical expenses. An attorney may help an individual determine whether they have a case.

How Severe are Ankle Injuries?

If you slip and fall in a store or office, you could suffer from a whole host of injuries. A simple ankle sprain could be incredibly painful and limit your ability to walk or move around. You might be unable to work for months, requiring you to take time off work to deal with your injuries.

Worse yet, you might suffer from a fractured ankle. A fracture occurs when the bones break, which can require months of recovery time. You may even suffer from permanent pain or disability after the incident. Even if you’re not disabled, you might find it harder to walk after you’ve fractured your ankle.

You could also tear the tendons in your ankle when you trip and fall. This could cause severe pain and weakness that makes your ankle practically unusable. If you’ve experienced this injury or another injury from a slip-and-fall incident, you might want to look into suing the location for premises liability.

Can You Sue a Company After You’ve Injured Yourself on Company Property?

Depending on the situation, you might be able to sue the company if you can prove that its staff showed negligence. You may be entitled to compensation if someone at the company knew about the hazard and did nothing to prevent it. An attorney may be able to help you prove your case in court with solid evidence.

You found out later that the dog was there because its owner was visiting someone in the neighborhood, which is why you didn’t recognize it. It had gotten loose and was excited to be somewhere new. That excitement ended up leading to your bites.

You didn’t want to take this to court or to file a claim, but the cost of going to the hospital has been high. Don’t feel bad. Did you know that around one out of every five dog bites requires medical attention? One in 13 victims needs emergency treatment.

In the majority of cases, the owner of the dog is going to be liable for any injuries that occur and the costs that come with treatment. They will need to cover the cost of your care, but many people have pet insurance policies or homeowners’ insurance policies that will cover your losses.

How Much Can a Dog Bite Cost?

Dog bites can be very expensive. In 2019, the average cost of a dog bite claim was $44,760, based on information from the Insurance Information Institute. With such a high cost, it makes sense to hold the owner accountable for failing to keep their dog on a leash or contained on their property.

If you’ve been bitten and need help getting compensation, your attorney can tell you more about your state laws and what steps you need to take next.

According to data from the Insurance Information Institute, a third of all homeowner’s insurance liability claim dollars were paid out for dog bites in 2014. In 2017, close to 350,000 people were treated for non-fatal injuries from dog bites and other causes related to interactions with dogs. Claims topped $675 million in 2018.  These statistics and facts just highlight how serious dog bites really are and how often they happen.

The states with the highest number of bite claims were California, Ohio and New York. These claims didn’t just get filed when a dog bit, but also when a dog knocked someone down or caused injuries of other types.

April 12 to 18 were the dates for this year’s National Dog Bite Prevention Week. Every year, the focus of this important week is to educate people about the risks of living, working and interacting with dogs. The goal is to help people recognize the signs of a dog that is uncomfortable and to help prevent bites.

What Can You Do to Prevent Bites?

The three most important things to do are to encourage responsible pet ownership, such as taking a dog to the vet when it’s sick and using a leash, education (so people know how to interact with dogs safely) and avoiding risky situations, such as approaching an unknown dog. By taking these steps, you will minimize the risk to yourself and others.

Far from the punchline many people consider them to be, slip-and-fall accidents can be relatively significant and can lead to serious injuries, including broken bones and brain injuries. Knowing how to identify risk factors can reduce your risk of slipping and falling while out shopping.

Any Kind of Liquid on the Floor is a Source of Danger

Rain, snow and ice can all drastically increase how dangerous walking is for people out in public, especially if the weather changed unexpectedly and they don’t have the right kind of shoes on their feet. However, rain and snow are far from the only source of potential liquid on the floor that could put you at risk of getting hurt.

As previously mentioned, refrigeration and freezing units can produce condensation in certain circumstances, including if the unit has begun to malfunction or the business has inadequate ventilation.

Business owners have an obligation to ensure proper venting and that they clean up any condensation that does form before it presents a risk to the public. Additionally, if the store cleans the floors, they should do so in a manner that does not leave any standing liquid and leave out signage to warn customers that the floor will be slippery.

Physical Spills of Products Can Also Create Risk

Different stores have different products that can create substantial risk if there’s a spill that doesn’t get cleaned up quickly. At a grocery store, items ranging from spilled candy to oatmeal could create a slip hazard on the floor.

At stores that sell dry goods, small items, like ball bearings, can create a similar risk. Businesses should have proactive policies regarding how staff handle spills, including cordoning off areas and cleaning up as quickly as possible.

When businesses do not engage in adequate maintenance and cleaning practices, they can create dangerous environments for visitors and unnecessary risk for a slip-and-fall. In the event that a business’s negligence plays a role in an accident, they may have premises liability that can lead to insurance claims or even lawsuits.

In a recent case in Wildwood an 11-year-old was seriously injured when he was bitten in the face. The child reportedly asked for permission to pet the dog but then the dog jumped at him and bit him. The child was walking along the beach with his family when the encounter with the dog took place.

The boy’s injury appeared serious and emergency medical assistance was rendered. The dog and his handler initially fled the scene, but the handler later turned himself in after surveillance video was released. The man turned himself in and was accompanied by an attorney. The dog’s handler has been charged with failure to protect public health and safety and with violation of an ordinance that governs animal presence on the beach. The child’s condition was not known.

A family goes on vacation in New Jersey to enjoy spending time with each other before the start of another busy school year. Having the vacation marred by an animal bite that caused serious injury can forever detract from the memory of the vacation. Seeking counsel from a legal professional in such a situation cannot take away from the pain but a civil lawsuit may provide compensation for medical costs and pain and suffering.

New Jersey ranks high in the order of states where dog bites are likely to occur, and August is often the month with the highest number of reported bites. In 2018 the state was ranked 14th. Average payouts in suits brought against the owner of the biting dog was $72,000. Children are most often the victims of dog bites.

While dogs, like humans, can have unpredictable behavior, there are steps that dog owners can take to help prevent dogs from biting. Properly socialized dogs will be less afraid around strange dogs and people and less likely to be aggressive. People approaching one’s dog, particularly children, should be cautioned to approach slowly and allow the dog to become a bit familiar with them before petting it. Dogs, like people, require regular exercise and mental stimulation to be happy and healthy.

Regardless of how well cared for a dog is, bites can still happen. No matter how careful an owner is, or how cautious a parent is with one’s child around a strange dog, no dog’s behavior is completely predictable. If a person in New Jersey is injured due to an animal bite, a consultation with a personal injury professional can be informative. A knowledgeable attorney can review the facts of the situation and advise the client as to whether a personal injury suit is viable option. This is particularly true regarding dog bites as New Jersey is a strict liability state, even in circumstances where the dog owner took reasonable precautions to restrain the animal and/or warn others.

A recent dog attack resulted in injuries to three children and one adult. The children were walking to school with an adult when the attack occurred. The injuries to the children, ages 9, 11 and 12, were believed to be non-life threatening. The children were taken to the hospital to be checked out.

Prior to the above encounter, the dog had briefly entered the nearby school but did not attack anyone. According to a witness, the dog, a German shepherd, belongs to the manager of a nearby car dealership. It was believed that the dog got away from his owner while being walked. Another witness, a man working on a trash truck, reported that he saw the dog acting crazy as it was biting the children. The man attempted to intervene but got back on the truck when it looked like no one was seriously hurt.

Being the victim of an animal bite can be a scary experience in New Jersey, particularly for a child. While the physical injury may quickly heal, any resulting psychological trauma may not heal as quickly. Someone who has suffered a dog bite or has a family member who has been injured by a dog could benefit from speaking with a personal injury attorney. A civil suit in such a situation can provide compensation for medical costs and pain and suffering.

The man who was attacked alleged that he was stopped by the New Jersey officers and pushed up against a wall. An officer began to pat him down at which point the K-9 officer reportedly dragged the suspect to the ground. Another officer arrived on the scene and the officer performing the pat down claimed that the man had attacked the police dog. Both officers reportedly beat the claimant with a baton, and they also allowed the dog to bite him in what they claimed was an attempt to subdue him.

The man admitted to harming the animal, but said it was an act of self-defense. The man’s injuries were severe and some were permanent. A civil trial was scheduled to begin earlier this month. The parties involved arrived at a settlement in the amount of $462,500 before the trial began.

K-9 units can be a valuable component of a police force. Like any other weapon at a policeman’s disposal in New Jersey, they must be used responsibly. Failure to properly control the animal in dangerous situations can have dire consequences that may result in a dangerous animal bite. Police and K-9 officers are not above the law.

In the most recent incident, a can of bear spray fell off a shelf and discharged its contents. It happened at the Amazon warehouse located in Robbinsville. As a result of the incident, 54 people required medical assistance. Of those, 24 were hospitalized and one person is in critical condition.

The National Council for Occupational Safety and Health is concerned and wants to see the company do a better job of fulfilling orders without hurting people. One person recently died in a conveyor belt accident. Another fatality happened when a worker was struck by a fork lift, and another person was injured when he was run over by a truck.

Thousands of people are employed in Amazon warehouses as full-time employees. Several thousand more have been hired as holiday help. While warehouse work carries inherent risks, proper safety precautions and training can help protect workers from injury. If an injury does happen that one thinks could have been prevented, a premises liability suit may be an option in New Jersey. A successfully litigated civil suit can provide compensation for lost wages, medical costs and other verifiable losses.

At a power plant in Mount Laurel, the expectation of worker safety was not met. An employee was tragically killed when he was pulled onto a conveyor belt. The company is facing $125,460 in penalties.

The Occupational Safety and Health Administration cited the company for 25 safety violations. These included a lack of safety guards on the conveyor. Also included was a lack of training. The employees were not trained in lockout/tagout procedures that could have prevented the tragic accident. Other hazards included were danger of electric shock, fall hazards and inadequate emergency evacuation, along with fire prevention and hazardous energy control procedures.

Precautions can be taken by both employees and employers to endeavor to be safe in the workplace in New Jersey, but regardless of the care taken, accidents, sometimes fatal, can still occur. If a loved one is killed in a workplace accident due to possible premises liability, the family of the deceased may wish to seek the counsel of an experienced workers’ compensation attorney. In the event of a tragic fatal accident in the workplace, the family of the deceased may be entitled to certain workers’ compensation benefits. Such benefits may help with medical expenses, end of life costs and other losses incurred as a result of the accident and a knowledgeable lawyer may be able to help guide the deceased’s family through the process.

Last fall, the man recognized his neighbor’s dog, a male American Bully, running loose in his yard. Since it had not been the first time seeing the dog run free, the man retrieved a leash in an attempt to catch the dog. As the pet was coming dangerously close to his own dogs, the man tried to fasten the leash to the dog’s collar. The animal then lunged at the man’s face, biting his nose and cheeks, causing blood to spill.

It is reported that the man required 60 stitches in his cheeks and surgery on his nose. The man still expects more surgery with a plastic surgeon to reshape his disfigured nose. Since the attack, the man has accumulated tens of thousands of dollars in medical bills, and not all of it will be covered by insurance.

As the man waits for a court decision on the fate of the dog, he still suffers from the physical and financial consequences of the animal bite. Individuals who have suffered from an animal attack may be entitled to compensation. Seeking the help of a New Jersey attorney to file a civil claim against the animal’s owners would prove beneficial. A successful litigated claim can help in achieving recovery of the financial losses suffered from the attack.

Source: njherald.com, “Vernon dog bite victim still haunted by attack eight months ago“, Eric Obernauer, May 15, 2018

Recently, two insurance companies released figures relating to the number and costs of these often unprovoked attacks. Even though New Jersey is one of the smaller states, it purportedly ranks 15 in the nation for dog bites. In 2016, approximately 70 people were bitten according to State Farm. However, while other states reported more incidences, the estimated cost for treatment was an average of $74,000.  Allstate reported the number of animal bites at an estimated 50 each year and it estimated that it spent $1.4 million over the last calendar year, though that figure did not include unfinished claims.

A third insurance carrier did not respond to inquires regarding its number of bite injuries. Nationwide, those who work for the post office may be most a risk for a bite from a pet. More than 6,750 letter carriers suffered these painful wounds in 2016. While any pet can cause injury, many of the examples provided appeared to involve pit bulls. 

For those residents who have been injured by an animal bite, the recovery process can be long and painful. Many of these injuries require extensive repair, including plastic surgery. At the end of the healing process, victims may be left with permanent scars — both physically and emotionally. Residents who receive more than a minor wound may choose to consult with a personal injury attorney regarding the merits of filing a civil suit against the animal’s owner or other parties who can be held liable for their pain and suffering in an effort to seek compensation for their accompanying monetary losses. 

Source: nj1015.com, “Millions paid out in NJ last year for dog bites and related injuries“, Dino Flammia, April 13, 2017

If one has been bitten by an animal, prompt treatment is key to preventing infection. Thoroughly cleaning a wound is the best place to start. Bacteria can quickly become trapped under the skin and begin spreading if the injury site is not cleansed properly.

Symptoms of infection do take time to develop. Common symptoms that a wound is infected include swelling, warmth, redness, pain and oozing. Any symptoms that last longer than 24 hours should be evaluated by a medical professional. Signs of a spreading infection such as swollen lymph nodes, fever, red streaks around the wound and the shakes require immediate treatment.

Treating infections caused by animal bites can be pretty simple and straightforward. Usually it requires cleaning of the wound and oral or IV antibiotics. If an infection spreads, though, affecting bone or other parts of the body, treatment can be a little more intense.

An animal bite, whether minor or serious, can have significant consequences for the victim and his or her family. New Jersey residents who have been attacked by domestic animals may have legal recourse. If negligence can be established in court against the animal’s owner, compensation for any physical, financial and psychological losses experienced may be awarded.

Source: assh.org, “Animal Bites“, Accessed on Feb. 8, 2017