Elias Abilheira, et al. v. Wal-Mart Stores East, L.P.

Trenton, New Jersey personal injury lawyers represented the Plaintiff who sued the Defendant on a premises liability negligence theory.



This case was filed in the SUPERIOR COURT OF NEW JERSEY UNION COUNTY, UNN-L3262-19, and was removed to federal court by the Defendant.



"New Jersey premises liability negligence law is based on the common law principle that landowners owe a duty of care to people who come onto their property. This duty of care varies depending on the status of the visitor.



Invitees are people who are on the property for the landowner's benefit, such as customers or guests. Landowners owe invitees the highest duty of care, which means that they must take reasonable steps to make the property safe and to warn invitees of any known dangers.



Licensees are people who are on the property with the landowner's permission but not for the landowner's benefit, such as social guests or salespeople. Landowners owe licensees a lower duty of care than they owe invitees. They must warn licensees of any known dangers on the property, but they are not required to take active steps to make the property safe.



Trespassers are people who are on the property without the landowner's permission. Landowners owe trespassers the lowest duty of care. They are only required to avoid willfully or wantonly injuring trespassers.



In order to prove a premises liability negligence case, the plaintiff must show the following elements:



The defendant owed the plaintiff a duty of care.

The defendant breached that duty of care.

The plaintiff was injured.

The defendant's breach of duty caused the plaintiff's injuries.



If the plaintiff can prove all of these elements, they may be entitled to recover damages for their injuries, including medical expenses, lost wages, and pain and suffering.



Some examples of premises liability negligence cases include:



Slip and fall accidents

Dog bites

Swimming pool accidents

Elevator accidents

Falling objects

Negligent security



If you have been injured on someone else's property in New Jersey, you should contact an experienced premises liability attorney to discuss your case. An attorney can help you determine whether you have a valid claim and can represent you in court if necessary.



Here are some additional tips for staying safe on someone else's property:



Be aware of your surroundings and watch out for any potential hazards.

Follow any posted safety rules or warnings.

If you see a hazard, report it to the property owner or manager immediately.

Be careful when using elevators, swimming pools, and other recreational facilities.

If you are injured, seek medical attention immediately and report the incident to the property owner or manager."



Google Bard

10/02/2023 41 Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 12/1/2023. Signed by Judge Georgette Castner on 10/2/23. (adi) (Entered: 10/02/2023)