Personal Injury: Slip and Fall Claims

With offices in Oakhurst, Howell, and Toms River, we provide professional legal representation for the entire New Jersey area.

Virtually everyone has tripped or slipped and fallen at some point in their lives. While most of the time these falls are not serious and often can be attributed to being clumsy, not paying attention, or not being careful enough, sometimes these accidents are a result of a dangerous or unsafe condition on another’s property. In such slip and fall cases, there may be a valid personal injury claim for monetary compensation for damages suffered. It is important to understand, however, that simply because someone trips or slips on another’s property, it does not necessarily mean the property owner or operator is financially liable for resulting injuries.

Unsafe or Dangerous Conditions

For a New Jersey property owner or operator to be found financially responsible for harm suffered, there must be an unsafe or dangerous condition on the property that caused the accident. There are several ways a property may have an unsafe or dangerous condition. Some examples include wet and slippery floors, potholes, accumulation of snow and/or ice, uneven ground or covering, badly damaged sidewalks or streets, and other debris.

Beyond the unsafe or dangerous condition being present on the property, the owner or operator must have caused it or allowed it to persist without correcting the issue. It is important to understand that property owners and operators are not legally required to make the property perfectly safe, they simply must keep it reasonably safe.

Did the Owner or Operator Have Notice

Another important factor that must be considered in a New Jersey slip or trip and fall case is that a property owner or operator will not be financially responsible for harm if he or she was unaware of the dangerous or unsafe condition on the premises. In fact, a property owner or operator is entitled to have a reasonable amount of time to discover the dangerous condition and correct the issue. Being aware of the condition is called “notice” and is one of the most difficult issues to prove in a New Jersey slip or trip and fall case. Sometimes surveillance footage or incident reports – if the property was a commercial business – can help prove the owner or operator was on notice.

If a New Jersey property owner or operator was aware – put on notice – of the dangerous or unsafe condition, and the problem can not be immediately fixed, then he or she is generally required to warn others of the danger. Failure to do so can also help an injured victim’s slip or trip and fall case. On the other hand, if the dangerous or unsafe condition was open and obvious, a property owner or operator will likely not be held liable for another’s injuries as a result of that condition. This is because the law expects people to use reasonable care to prevent causing themselves injuries.

Before filing a New Jersey slip or trip and fall claim, it is important to consider the severity of the injuries just as much as other factors in the case. If you were injured on another’s property in New Jersey, be sure to contact a knowledgeable personal injury attorney like Richard Schibell for a quick assessment of your legal options.

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