Articles Posted in Premises liability

A 42 year old man was leaning against a railing on an elevated walkway when the railing gave way and the man fell to the ground. According to the story as reported in the New Jersey Law Journal, the shopping center was aware of the broken railing. In fact, it had broken the day before and the shopping center used wire to hold it together and neglected to post any warning signs. Due to the property owner’s negligence, the man suffered a closed head injury which caused him to become disoriented, behave childlishly and lose control of his bladder. A closed head injury is a trauma in which the brain is injured as a result of a sudden, violent motion that causes the brain to knock against the skull. Closed head injuries can affect cells and tissues throughout the brain or damage can occur in one area. The victim also fractured vertebrae, dislocated his shoulder, and lost hearing in his left ear. He had to give up his job due to the shopping center’s negligence. The shopping center does not dispute that the improperly repaired railing caused the accident or that a brain injury caused the victim’s mental problems. The shopping center is liable to the injured victim because of premises liability which provides that when an accident or injury occurs to a visitor on another person’s property, the owner of the property may be liable (legally responsible).

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