Did You Slip and Fall Due to Someone Else’s Negligence?

If you were injured in a slip and fall, you may be due compensation.

If you were injured in a slip and fall on a commercial property in New Jersey, you may feel the property owner is liable for your injury. If you’re considering filing suit, you must remember New Jersey has a two-year statute of limitations on personal injury cases starting from the date of the event. It’s imperative you file your claim before this deadline, because claims filed later will likely not make it to court.

Slips and falls can happen to anyone, and resulting injuries might include sprains, muscle tears, broken bones, and even concussion. The property owner’s liability for your injuries depends on the type of property, the nature of the hazard, and whether the property owner had sufficient time or reason to fix it.

How can I prove the property owner was responsible?

A successful personal injury lawsuit regarding a slip and fall must fit one of three conditions:

  • The property owner should have known about the hazard and fixed it, which a ‘reasonable person’ would have done in their position.
  • The property owner knew about the hazard, but neglected to fix it.
  • The property owner caused the hazard.

The first condition is the most often litigated, but demonstrating that a property owner ‘should have known’ about the hazard can be hard to prove. For example, if you fell in a darkened stairwell in an apartment complex, the owner would be more easily proven liable if the lights had been out for months than if they’d only been out for a day.

In New Jersey, ‘shared fault’ laws also limit the amount of damages you can win. If a jury finds you are partially responsible for your injury, then whatever percentage of blame is attributed to you is deducted from the overall award. If the total damages amounted to $10,000, and you were found 20% responsible, you would be awarded $8,000.

I slipped and fell on ice. Can I take action against the property owner?

Anyone who’s lived in New Jersey for a winter knows how icy the weather becomes. Icy sidewalks and parking lots are dangerous to the most sure-footed pedestrians, which is why commercial property owners are responsible for clearing snow and ice within a certain period after the snowfall.

If a hazard is considered foreseeable – as a storeowner in New Jersey might foresee that snow melts in the day and refreezes at night – then failure to address the hazard in a timely fashion is neglectful. If you slipped and fell on ice in this manner, and wish to pursue a personal injury claim in New Jersey, then you should consult a personal injury lawyer soon.

David P. Schroth, a personal injury attorney in New Jersey, has over twenty years of experience in civil litigation, including personal injury cases involving a slip and fall. He can build a strong enough case for you to demand compensation for your injury. Call him today at 609-882-0041, and begin the process to redeem the slip and fall injury you suffered.

 

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