When public entities such as the state, a county or a city negligently fail to properly maintain property and someone is injured because of it, New Jersey law may allow the injured person to be compensated if certain conditions are met.
Newark, N.J. (PRWEB) September 21, 2013
People who are hurt while on governmental property may be entitled to compensation under the New Jersey Tort Claims Act, according to a recent blog post, “Recovering Damages for an Injury Caused by the Dangerous Condition of Public Property,” on the website for the law firm Ginarte O’Dwyer Gonzalez Gallardo & Winograd. The post offers guidance for those injured due to hazards on government-owned property.
“Dangerous conditions are dangerous conditions, no matter who owns the property. When public entities such as the state, a county or a city negligently fail to properly maintain property and someone is injured because of it, New Jersey law may allow the injured person to be compensated if certain conditions are met,” said Joseph A. Ginarte, founder of the personal injury law firm.
“It’s important for people who have been injured on public property in New Jersey to explore their rights under the law,” he added.
The blog post provides an overview of the five elements a plaintiff must prove to recover damages for personal injuries caused by hazardous conditions on public property under New Jersey law, including:
1. The property was in a dangerous condition.
2. The dangerous condition led to the injury.
3. The dangerous condition created a foreseeable risk of the type of injury suffered.
4. The public entity had actual or constructive notice of the condition, or a public employee caused it.
5. The public entity failed to take reasonable steps to correct the condition.
According to the blog post, the more difficult elements to prove with regard to recovering damages are that the public entity knew about the dangerous condition with enough notice to do something about it, or that an employee created the danger, and that any corrective measures the public entity took or failed to take were “palpably unreasonable.”
In addition to the blog post, the firm’s website offers information on premises liability, the area of the law that addresses injuries to people while they are on the property of another person, in particular with regard to public entities.
Ginarte cautioned that although the blog and website offer a lot of information for injured persons, it’s not a substitute for sound legal advice from a qualified New Jersey premises liability lawyer.
“To address the specific facts of your case, it is important to speak with an attorney who has experience in this area, such as the premises liability attorneys at Ginarte O’Dwyer Gonzalez Gallardo & Winograd,” he said. “Our firm has the knowledge and experience to help accident victims navigate a premises liability case involving government-owned property under the New Jersey Tort Claims Act.”
About Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP
For more than 30 years, Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP, has served the residents of the New Jersey and New York metro area. The firm assists clients with legal claims arising from medical malpractice, car accidents, truck accidents, motorcycle accidents, construction accidents and other personal injury cases. The firm also represents clients in employment discrimination, Social Security Disability and workers’ compensation matters. The Ginarte law firm features offices located in New York City, Queens, Newark, Elizabeth, Clifton, Union City and Perth Amboy. The firm’s Newark office is located at 400 Market Street Newark, NJ 07105 (local phone (973) 854-8400). The firm can assist Spanish-speaking and Portuguese-speaking clients. To learn more, call 1-888-GINARTE or use the firm’s online contact form.