Premises Liability
Premises liability claims include a wide variety of cases where a person is injured due to a "condition" on the defendant's property. Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins attorneys have handled premises liability claims for injuries due to property defects, failure to remove ice and snow, negligent business operators, negligence contributing to criminal activity, and negligent construction.
| DEFENDANT | VERDICT/SETTLEMENT |
|---|---|
| Stiles of Cranford | Ken Javerbaum obtained a $2.3 million settlement for a girl paralyzed in a fall while escaping from a fire in her residence. Javerbaum proved that the landlord's smoke detectors had no batteries, the fuse box was overloaded and painted shut, as were most of the windows, and the sprinklers did not work, which all contributed to the incident. The case was settled while a jury was being empanelled. |
| RAY'S SPORTING | Ken Javerbaum obtained a settlement of $2.2 million for a young boy who lost sight in one eye when struck by a shell fragment while watching his father taking target practice, proving the shooting range failed to provide safety glasses for spectators. |
| MESSEROL | In a claim for a young girl who was a victim of a dog attack by a neighbor's dog, Eric Kahn obtained a $700,000 settlement. |
| WALGREENS | Jack Wurgaft obtained a $750,000 settlement on behalf of a widow who alleged that the store’s inadequate security was responsible for her husband’s fatal beating in the drugstore’s parking lot. |
| NEW COMMUNITY NURSING | Jack Wurgaft obtained a $450,000 settlement on behalf of a nursing home resident whose left leg was amputated after she developed a bedsore on her heel. |
| KLEINS ASSOCIATES | Eric Kahn obtained a $177,500 settlement on behalf of a 43 year old florist who slipped and fell on ice while exiting from her car in a parking lot and suffering injuries which included a left elbow fracture and a left reflex sympathetic dystrophy. |
| EL GRECO, INC | In a lawsuit against a tavern for serving a patron an excessive amount of alcohol, Jack Wurgaft obtained a jury verdict in favor of the patron of $475,000. |
| NEW JERSEY DEPARTMENT OF TRANSPORTATION | Ken Javerbaum obtained a $475,000 jury verdict against the state DOT by proving the state had created a road hazard causing a driver to cross over the highway and collide with the plaintiff's vehicle. |
| CON ED | In a Federal Court action on behalf of the estate of a security guard killed by armed robbers, Ken Javerbaum obtained a $560,000 settlement proving a security company had been negligent in controlling access to the area where the security guard was making a payroll delivery. |
| ACE ELEVATOR COMPANY | In a case for a World Trade Center worker injured several years prior to the September 11 attack when an elevator "free fell", Ken Javerbaum obtained a settlement during trial of $1.9 million. |
| RED ROOF INN | In a lawsuit on behalf of a guest who fractured her arm when she stepped out of a bathtub and fell, Bob Hicks obtained a settlement of $150,000, proving that the tub design was dangerous due to a difference in the level inside and outside the tub. |
| HOFBRAUHAUS | Bob Hicks obtained a $125,000 settlement for a patron of a restaurant who injured his hip, proving that the restaurant had negligently designed a handicapped ramp. |