Last month, a teenage girl tragically lost her life, and over 40 individuals were injured, including over two dozen police officers, at an apartment building in Perth Amboy. The three-story apartment building was evacuated after police responded to a call about an unconscious person. Several victims were light-headed or unconscious. According to one news report, the matter is under investigation for possible criminal charges because several carbon monoxide detectors were allegedly not working.
Premises Liability Claims in New Jersey
In addition to criminal charges, the person or parties responsible for this tragic accident could be held personally liable for damages. A property owner has a duty to take reasonable steps to provide a safe environment, including the owners of apartment buildings. Depending on how you were injured, an apartment building’s owner, the landlord, or another tenant could be liable for your injuries and damages.
If you have been injured in an apartment building, you need an experienced premises liability attorney to investigate your claim. It is vital that you identify the responsible parties correctly. You can only recover money for your personal injury claim from the party or parties liable under New Jersey’s premises liability laws.
Proving Liability for Accidents on Another Person’s Property
To be held liable for damages, a property owner, landlord or tenant must have been negligent or involved in wrongful conduct. In most premises liability cases, negligence is defined as failing to take actions that a reasonable person in the same situation would take or taking actions that a reasonable person would not take. In most premises liability cases involving a landlord or building owner, the liable party failed to do something.
In the above case, the liable party could have failed to maintain appliances or replace malfunctioning carbon monoxide detectors. The exact cause of the carbon monoxide poisoning can only be determined after a thorough investigation.
When investigating a premises liability claim, our Woodbridge injury lawyers seek to identify the cause of the accident and the identity of the liable parties. We must obtain evidence to satisfy all four requirements to prove negligence and liability in a premises liability accident:
- Duty of Care — The responsibility of the property owner to maintain safe premises. The level of the duty of care changes depending on the relationship between the owner and the injured victim.
- Breach of the Duty of Care — A breach of the duty of care could result when an owner fails to make repairs or perform general maintenance.
- Causation — There must be a direct relationship between the hazard or dangerous condition and the accident that caused your injury. In other words, the accident caused by the hazard resulted in your injury.
- Damages — Damages include physical injuries, financial losses, emotional suffering, and physical pain. The amount of damages depends on several factors. An experienced Woodbridge personal injury attorney will calculate the value of your claim based on the facts and circumstances in your case.
Contact An Experienced Woodbridge Attorney Today!
If you were injured while on another person’s property, you could be entitled to compensation. Because a premises liability claim can involve complex issues and questions of law, we urge you to contact our office to discuss your claim as soon as possible.
Contact Aiello, Harris, Marth, Tunnero & Schiffman, P.C by calling (908) 561-5577 or by using the contact form on our website to schedule your free consultation with a Woodbridge injury lawyer.
“Teen Dead, 41 Hurt By Carbon Monoxide In Perth Amboy Apartments.” Tom Davis. Woodbridge Patch. 05-Jan-2018.