The law says that landowners, caretakers, management companies and lessees have a duty to ensure that their properties are in a reasonably safe condition, or to adequately warn and take steps to protect people from known and existing dangers.
Proving that they breached that duty is where recovery gets complicated.
At Brady Reilly & Cardoso, we understand the complexities of premises liability laws and the elements plaintiffs must show if they are to prevail on their claims. We understand these things, because New Jersey slip and fall accident attorneys at our firm have been handling property-related injuries for more than 30 years.
For a free consultation with lawyers who can put that kind of experience to work for you — call or contact our New Jersey personal injury attorney today.
New Jersey Slip & Fall Accident Resources
To immediately access the resources at any point on this page, click the corresponding links below.
Elements of a Slip & Fall Claim
Open and Obvious Defense
Who Can Be Liable for Slip & Fall Injuries?
Potential Compensation Available in Your Case
How Our Attorney Can Help
Steps to Follow After a Slip & Fall Incident
Speak to a Lawyer Today
Elements of a Slip and Fall Claim
Understanding the ins and outs of a slip and fall claim is vital if you’re looking to receive compensation for injuries sustained on someone else’s property. To successfully pursue such a claim in New Jersey, there are specific elements that must be established.
Hazardous Condition Existed: First, you need to prove that a hazardous condition existed on the premises. This could be anything from an unshoveled sidewalk to defective or poorly maintained infrastructure.
Property Owner Was Aware: You must then demonstrate that the property owner or those responsible for maintaining it was aware – or should have reasonably known – about this danger but neglected to address it within a reasonable timeframe.
This involves proving that the property owner either had time to correct the issue or at least warn visitors of the danger.
You Suffered Damages: Additionally, you must show that as a result of their negligence, you suffered injuries and damages.
Be Aware of Open and Obvious Defense
In considering a slip and fall claim, be aware of an often-utilized defense tactic called the “open and obvious” defense. Under this legal principle, property owners can assert that they are not liable for injuries if the danger or hazard was open and apparent. This typically falls under the evaluation of comparative negligence.
While planning your case strategy with your lawyer, don’t overlook this possible defense; make certain you can counter this argument.
Who Can Be Liable for Slip & Fall Injuries?
Navigating a slip and fall case can be complex, especially when trying to pinpoint who is liable for the injuries you’ve sustained. Anyone tasked with maintaining and ensuring the safety of the area where your accident occurred could potentially hold responsibility. Examples include:
Private Property Owners: These can include homeowners or landlords who manage residential properties like houses or apartments.
Commercial Property Owners: Businesses, stores, shopping malls etc., that fail to ensure their premises are safe could be held responsible should an injury occur due to their negligence.
Property Managers or Maintenance Companies: Parties involved in property management or maintenance bear the responsibility for ensuring that the premises are safe and free from hazards, making them potential subjects of liability.
Tenants: Tenants of rented properties are the ones most regularly interacting with a given property. If it can be proven that they knowingly created a risk – perhaps by tampering with safety measures or failing to report defects promptly- then they might bear some responsibility for injury resulting from accidents on the premises.
Custodians: Custodians – individuals or organizations who are engaged with daily or regular maintenance tasks at the premises – could also potentially be held liable for negligence if they don’t properly perform their work.
State and Local Governments and Municipalities: Public spaces such as parks or government buildings must also be kept safe and hazard free. State, local governments, or municipalities could therefore face liability in slip and fall claims if they fail to meet these requirements.
Keep in mind that filing claims against these entities can often have stricter rules, shorter time limits for initiating suits, and caps on potential damages.
Understanding who may be held responsible for a slip and fall injury on someone else’s property is the first step towards a successful claim.
Potential Compensation Available in Your Case
If you have endured a slip and fall accident due to someone else’s negligence, compensation should be available for the harm experienced. As an injured victim, you may pursue recovery for damages such as:
Medical expenses: This includes not only immediate costs from emergency medical services but also ongoing health care like rehabilitation and medications if necessary.
Lost income: If the injury causes an inability to work either temporarily or permanently, compensation can help cover your lost wages.
Pain and suffering: This covers physical discomfort as well as emotional distress based on the severity of your injuries.
Loss of consortium: In cases where injuries deeply impact relationships – especially between spouses – these damages could be appropriate.
Wrongful Death Damages: Where a slip-and-fall accident tragically results in death, certain surviving family members may seek compensation through a wrongful death claim in New Jersey.
It’s helpful to understand that New Jersey follows a modified comparative negligence rule in personal injury claims. Under this principle, if you’re found partially at fault for your accident, your compensation will be reduced by your percentage of fault. If you’re found to be more than 50% responsible, you cannot obtain any compensation at all.
How Our New Jersey Slip & Fall Lawyer Can Help
Our practice focuses on cases of wrongful death and on more serious slip and fall injury claims, including:
- Sidewalk and street accidents
- Stairway/stairwell accidents
- Injuries sustained in parking garages or parking lots
- Retail store accidents
- Grocery store and convenience store accidents
- Accidents on public property
Property owners and businesses will often try to avoid liability for slip and fall injuries by claiming they had no knowledge of the dangerous condition, or no way of knowing it existed, or that they had not had a reasonable amount of time to warn people or take corrective measures.
They may also try to cast doubt on the validity of serious accidents that were not reported promptly or injuries that did not receive prompt medical attention.
By involving us in the case as soon after your slip and fall accident as possible, our attorneys can make certain that the incident is reported properly and help you get the medical treatment you need. We can also move quickly to begin our own independent investigation and to work toward achieving the best possible resolution of your claim.
Steps to Follow After a New Jersey Slip and Fall Accident
Following a slip and fall accident, taking proper steps can greatly improve the odds of a favorable outcome for any compensation claims you make. Here’s what you should do:
Seek Medical Treatment: The first step is to evaluate your health and safety – visit a doctor or medical professional after your fall. You should do this even if you don’t feel severely injured after the fall.
Report Your Slip and Fall: Alert the owner or manager of where it occurred about your accident as soon as possible. Ensure that someone generates some type of official report if possible.
Take Photos: Capture images evidencing hazards that contributed to your fall – icy sidewalks, spills, broken handrails.
Do Not Give Statements to Insurers: Refrain from making any statements to an insurance company representative. Remember, these entities have an interest in minimizing payouts whenever possible, meaning anything you say will likely be used against you if possible.
Stay Off Social Media: Keep your incident and any related details off of social platforms. Posts can often be misconstrued, taken out-of-context, and used against you in settlement negotiations and in court.
Contact a Lawyer Right Away: Finally, contact a personal injury lawyer. Experts in the field can guide you through this legal process and make the situation easier and less stressful for you.
Speak to Our New Jersey Slip & Fall Lawyer Today
Time to file your claim may be running out. Talk to one of our attorneys about your slip and fall accident today.
For a free consultation — call our Kearny, New Jersey law offices directly or feel free to contact us online as well.
