Failure to Warn of Danger Could Result in a Premises Liability Claim

Premises liability claims can arise out of various types of negligence, which could be anything from failing to repair a hazardous condition, to a failure to warn of a dangerous condition. That may be the case in a recent lawsuit filed against a well-known former state Superior Court judge and current Fox News commentator, Andrew Napolitano.

The lawsuit has been filed on behalf of an electrical worker who was working on Napolitano’s property in New Jersey. The worker’s unsuccessful attempt to leave the property through a gate led him to climb an electric fence.

He sustained severe, permanent injuries after being shocked and is now seeking damages for medical costs, lost earnings and a loss of enjoyment of life. The claim is based on Napolitano’s negligence in failing to warn of the electric fence and for having a faulty gate that wouldn’t allow for a safe exit.

The case has become a bit complicated, as the injured worker is also suing Service Electric Broadband Cable. They, along with Napolitano, have filed a lawsuit against Cable Services Co. Inc. The injured worker’s former employer, Gervais Cable Construction Inc., is a fourth-party defendant.

Filing a Premises Liability Claim

There can be many factors that go into filing a premises liability claim. For instance, it needs to be determined if the person injured was an invitee (invited onto the property, such as the injured worker in the case mentioned above), a licensee (permission to be on property but is there for social or other personal purposes), or a trespasser (has no legal right to be on property).

Another factor is whether or not a hazardous or dangerous condition existed and if it was foreseeable that someone could be injured. This could be an issue in the case against Napolitano.

Of course, there are many other considerations to be made. For help determining the viability of a premises liability claim, contact an attorney at Gacovino, Lake & Associates.

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