Slip and fall accidents can result in broken bones, head injuries, and so much more. Property owners can control and are responsible for preventing these accidents on their property. However, negligence can contribute to dangerous situations that result in painful injuries. A slip and fall accident attorney in New Jersey can help you take action if you or a loved one has been hurt because of the actions of property owners.
Seigel Law helps you preserve evidence after a slip and fall accident so your case’s viability isn’t compromised or weakened before it even starts. A New Jersey premises liability lawyer is strategic about how your case is managed and built so that you can recover your losses with minimal resistance.
Understanding Premises Liability and Slip and Fall Rights in New Jersey
According to the National Floor Safety Institute (NFSI), falls cause eight million injuries every year and account for 95% of hip fractures. Additionally, the most recent year of data shows that 47,026 individuals died due to falls. Adults over the age of 65 are at the greatest risk of injury and death from a fall accident.
These dangerous accidents can cause immense harm to victims, such as broken bones, internal damage, and head, neck, and spine injuries. Hiring a NJ slip and fall lawyer near you can be beneficial after an accident, since these situations are often avoidable. Property owners must ensure their premises are safe, and carelessness can contribute to a fall and liability. Slip-and-fall accidents and other premises liability claims are among the common practice areas Seigel Law handles.
Common Causes of Slip, Trip, and Fall Accidents in New Jersey
Slip, trip, and fall accidents can happen in many locations when premises are not properly maintained, especially the surfaces guests walk on. Some common causes of slips, trips, and falls include:
- Wet surfaces caused by liquid spills, rain, snow, or ice
- Objects, cables, and cords in walkways
- Torn carpeting and flooring that is uneven or otherwise damaged
- Stairs that are in disrepair and handrails that are broken or missing
- Potholes in sidewalks and other damage
- Poor lighting that limits visibility
- Hazards that have insufficient warnings
- Elevators that aren’t level or working properly
- Damaged escalator steps
To determine the cause of the accident and prove fault in a slip and fall claim in NJ, find an experienced NJ slip and fall lawyer near you who can help ensure evidence is protected, collect documentation, and effectively use it to present your case.
Establishing Property Owner Negligence and Duty of Care in NJ
Negligent property owners can cause guests serious harm, injury, and expense. Their actions can result from carelessness in their duties or reckless disregard for their responsibilities. To hold them accountable, you must bear the burden of providing documentation that shows how they were negligent and links them to your injuries and suffering. Below is a closer look at the individual elements you must demonstrate to establish negligence and prove fault in a slip and fall claim in NJ.
Duty of care and Visitor Status
Duty of care sets the groundwork for the rest of your slip and fall claim by showing the amount of care a property owner was supposed to provide and what you could reasonably expect. This can include keeping pathways clear, maintaining stairs and flooring, and ensuring walkways are clearly lit.
In premises liability cases, though, guest status impacts a property owner’s duty. Invitees are owed the most care since there is a shared purpose, licensees are owed less since their purpose is social, and trespassers are generally not owed a duty of care since they have no legal right to be on the property.
A Breach of Duty Occurred
Next, you must show how a property owner breached their duty to you by demonstrating the actions they took that contributed to your accident. This could also include how they failed to fix an issue they knew about or should have reasonably known about. Reports, surveillance footage, and other evidence can show exactly what happened.
What and Who Caused the Accident
The causation element in a case essentially shows the accident’s cause and effect. For example, you could have slipped and fallen because the floor was slippery and a property owner failed to put up a sign, or you could have fallen down a set of stairs because a property owner did not fix a damaged handrail. In these and other situations, your New Jersey slip and fall accident lawyer shows that the accident occurred as a direct result of the property owner’s actions, or lack thereof.
Damages you sustained
Finally, you must also show that you sustained injuries and losses because you were in an accident that the property owner contributed to. Providing evidence of your medical care, lost income, and pain and suffering can show the extent of the damages you suffered. Once the property owner’s fault is established, they are responsible for paying for your damages to the extent allowed under the law.
Commercial Properties, Supermarkets, and Shopping Malls: Specific NJ Laws
Commercial properties, supermarkets, and shopping malls across New Jersey are common places where slip-and-fall accidents can occur. However, liability can be complex and may require careful documentation and counsel from a New Jersey premises liability lawyer to determine how to proceed.
New Jersey premises liability laws require commercial properties, supermarkets, and shopping malls to maintain a high duty of care to guests and shoppers who visit to conduct business. This includes conducting regular inspections, repairs, and maintenance. If a hazard cannot be fixed right away, owners and management must warn guests and thoroughly secure the area.
On properties such as supermarkets and shopping malls, a “mode of operation” doctrine applies in certain situations. When an environment allows patrons to operate on a self-service basis, or when conditions for a slip-and-fall accident occur regularly, courts may assume property owners knew of the condition and failed to take reasonable precautions to minimize the danger. This can also eliminate the need to demonstrate knowledge in a slip and fall accident claim.
New Jersey Comparative Negligence Law and How It Affects Your Recovery
Property owner negligence can play a big part in slip and fall accidents, but individuals can also contribute if they are careless or reckless. For example, if you were looking down at your phone and were not paying attention to your surroundings or warnings, then you could be held partially responsible. Similarly, if you are wearing the wrong type of shoes for the location, willfully ignore warnings, act recklessly, or are impaired, you could be held liable for your contribution.
When cases involve shared fault, New Jersey implements comparative negligence (New Jersey Statute § 2A:15-5.1) to determine each party’s role and how compensation is distributed. This means you and the property owner will each receive a percentage value that reflects your respective fault. If your contribution to the accident is 50% or less, you can receive compensation reduced by your percentage of fault. Any fault above this threshold precludes injured parties from pursuing compensation.
Essential Evidence to Preserve Immediately After a Slip and Fall Accident
Evidence is critical for demonstrating your injuries from a slip and fall accident and protecting your rights. Hiring a premises liability lawyer in New Jersey right away is important for preserving evidence that is essential to your case. Surveillance footage of the accident is critical in a slip and fall claim, and security systems generally overwrite recordings periodically. A lawyer can act quickly and step in to require property owners to preserve existing video so it is not erased.
Maintenance and inspection logs and reports, as well as past incident reports related to the same hazard, can also be preserved as part of your lawyer’s investigation and case evidence. You should also gather your own evidence. This includes records of your medical care, a copy of your own incident or police report, photos, and information and statements by witnesses. Your lawyer can help you identify other evidence you may need for your specific circumstances.
How Seigel Law Fights Insurance Defense Tactics in Slip and Fall Claims
Property owners and insurance companies use defense tactics to avoid being found at fault. For example, property owners may try to claim that you were being negligent or failed to observe a condition that was reasonably “open and obvious.” Insurance companies may also try to blame you for the accident, as well as try to delay, lower, or deny your settlement. Without legal support, you could be taken advantage of and walk away with less than you are entitled to recover under the law.
A slip and fall accident attorney in New Jersey at Seigel Law can fight these defense tactics by thoroughly investigating the accident. Securing access to evidence early can strengthen your case so you can better withstand and counter the opposition’s defenses. Substantial evidence also makes it easier to demonstrate negligence, which can lead to a faster resolution of your claim.
Seigel Law Takes on Your Case and Fights for Full Compensation
Seigel Law is prepared and equipped to protect your rights when you’re up against commercial entities to try to recover compensation. We fight for you with strategic techniques, strong evidence, and skillful negotiation. To get the support you need after a slip and fall accident, schedule a free case evaluation with our firm today.
Frequently Asked Questions
How do I prove a property owner knew about a dangerous hazard before my fall in NJ?
To prove fault in a slip and fall claim in NJ, you must provide evidence that a property owner had actual knowledge of the condition that caused your fall. Evidence can also show the owner had constructive knowledge of the condition, meaning they should have known and acted, but did not. You can show knowledge of the hazard through reports, video footage, and other documentation.
Can I still recover compensation if I was partially at fault for my slip and fall accident in New Jersey?
If you contributed to your slip and fall accident because you were being careless or reckless in some way, you can only recover compensation as long as you share fault for 50% or less of the accident. A NJ slip and fall lawyer near you can help determine your involvement so you know how much you may be able to recover and ensure that insurance companies do not try to increase your level of fault.
How long do I have to report and file a slip and fall injury claim in New Jersey?
You typically have two years to take action on a slip and fall injury claim in New Jersey (New Jersey Statute § 2A:14-2). Claims should be filed as early as possible to preserve the quality of your evidence and ensure you don’t run out of time to thoroughly present your case. A slip and fall accident attorney in New Jersey can help you take prompt action when you retain their services.
What damages can I recover for a severe slip and fall injury in NJ?
When you file a slip and fall injury claim, you can pursue damages to cover the cost of your medical care and related expenses, lost income, pain and suffering, changes to your quality of life and emotional and mental health, and more. A premises liability lawyer in New Jersey can identify what you have lost, calculate the value of said losses, and negotiate a fair settlement.