A "slip and fall" claim in New Jersey is a colloquial name for a personal injury lawsuit aiming to hold a property or business owner responsible for failing to keep the premises safe for visitors. Not all slip and fall accidents, however, lead to premises liability. If they do, you are entitled to compensation.
At Mongiardo Law Group, our premises liability and personal injury attorneys in Passaic County will investigate your case and help you obtain full and fair compensation. Property owners have a duty to maintain their premises and keep them safe. Contact Mongiardo Law Group today at (973) 298-4557 or online to schedule a free consultation to discuss your case.
What Constitutes Slip and Fall Cases in New Jersey?
A slip and fall case is a lawsuit that stems from an incident in which a visitor gets hurt due to a dangerous condition on the premises. While it often involves slipping and falling, it is by no means restricted to that narrow scenario. Examples of slip and fall cases include the following:
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Tripping on a hidden obstacle
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Sliding on an icy parking lot or sidewalk
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Falling into a hidden sinkhole
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Falling through a weak floor or step
To successfully prove a slip and fall case in New Jersey, the plaintiff must be able to demonstrate, at a minimum, the following elements:
1. Duty: The defendant owed a duty of reasonable care to the plaintiff.
2. Breach: The defendant breached the duty of care by failing to discover and eliminate dangerous conditions, maintain the premises in a safe manner, or avoid creating hazards on the property. The defendant must have had actual or constructive knowledge of the dangerous condition that caused the accident.
3. Causation: The defendant's breach of duty caused the plaintiff's injuries.
4. Damages: The plaintiff suffered damages as a result.
These elements of a slip and fall case may seem straightforward, but they can become complex. The standard of proof is a preponderance of the evidence, meaning the plaintiff must show that more likely than not, the property or business owner was responsible and, thus, is financially liable.
Common Causes of Slip and Fall Accidents in New Jersey
To have a slip and fall case in which the plaintiff is entitled to compensation for his or her injuries, an unsafe or hazardous situation must have existed. Common situations include, but are not limited to, the following:
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Wet floors or bad flooring
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Poorly lit areas or unmarked step-offs
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Poorly maintained sidewalks
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Unsafe stairs, broken, or missing handrails
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Poorly operating escalators or poorly maintained elevators
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Boxes or other items poorly placed or left in the path of foot traffic
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No warning or hazard signs
These situations are merely examples. Conditions creating a slip and fall accident can materialize in many different ways.
Common Slip and Fall Injuries in Passaic County
Over one million slip and fall accidents occur annually, with thousands resulting in death and even more resulting in serious, complicated injuries.
The type and extent of the injury depends on the accident itself, as well as considerations such as the location, environment, and the victim's age and overall health/pre-existing conditions. As such, injuries range from bruises to death.
Many of the following types of injuries result from slip and fall accidents:
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Broken bones or multiple fractures
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Bruises, sprains, strains, or soft tissue damage
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Bone or joint dislocation
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Ruptured or herniated disks
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Cuts and lacerations
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Neck and back injuries
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Head injuries
As mentioned, an injured person's existing health condition can impact the severity of the injury. Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.
Liability in New Jersey Slip and Fall Accidents
Parties legally responsible for the injuries caused to a person due to a slip and fall accident are liable for the damages. Anyone can potentially be responsible, but in a slip and fall accident, the usual defendants are the following:
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The business owner
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The manager of the business
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The property owner
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A company that has been hired to maintain the premises
Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.
Three Reasons to Hire a Slip and Fall Lawyer in New Jersey
Slip and fall cases are difficult cases because fault is not always clear. Insurance companies will fight claims of improper maintenance and failure to warn, and cases are often highly fact-specific. Below are three reasons why you need a New Jersey personal injury lawyer in Passaic County to represent you in a slip and fall accident:
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A New Jersey personal injury lawyer will investigate the slip and fall accident to establish fault. Finding and proving fault is critical in any slip and fall case. Investigating the accident will involve an assessment of the accident location, reviewing any video, speaking to eye witnesses, and retaining the services of experts, if needed.
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A New Jersey personal injury lawyer will prove damages caused by the slip and fall accident. After a thorough investigation, your lawyer will put the pieces of the puzzle together to prove all the damages you seek. They will do this by first, linking the cause of the accident to your injuries and second, providing supporting documentation linking the injury to your losses. The damages you seek depend in part on the nature and extent of your injuries caused by the slip and fall accident.
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A New Jersey personal injury lawyer will represent you fully throughout the course of your case until a settlement is reached or trial has concluded and a verdict is awarded. You will not have to deal with the claim, opposing parties, deadlines, or figuring out the actual value of your case. Your lawyer will do all of that for you. This allows you to focus on your own physical, emotional, and mental recovery.
Contact a Slip and Fall Personal Injury Lawyer in Passaic County Today
At Mongiardo Law Group, our slip and fall accident attorneys in New Jersey have the resources and skills to competently represent you. Upholding your rights and obtaining fair and full compensation is what we do. To find out if you have a compensable slip and fall injury case or to simply learn more about your legal options, contact us today at (973) 298-4557 or online to schedule a free consultation.
