Experienced New Jersey Slip & Fall Accident Attorneys
One of the most common sources of injury is slipping and falling. Each year, there are over one million injuries of varying severity attributed to a slip, trip or fall, many occurring to people while they are on the job. People over the age of 65 are also at greater risk of a falling injury, and over 17000 people suffer a fatal injury from a slip and fall accident every year.
Most slip and fall accidents happen in and around the home, but often dangerous situations can exist in places of business or in the workplace that can result in serious injuries. These injuries can have lasting consequences, and in many cases negligence can contribute to the existence of a hazardous environment which leads to a slip and fall accident.
Premises Liability
If the owner of a premises or one of their employees causes a spill, leaves equipment or cables in walkways, has loose carpet or damaged flooring, or creates otherwise hazardous conditions, and that owner is aware or should be aware of those conditions but does not rectify them, then the owner of that premises can be considered at fault. If the conditions that they allowed to exist had been taken care of in a timely fashion, then the slip and fall accident would not have occurred.
Similar to patrons of a business, tenants who live in a rented home or apartment must depend on the owner to maintain a safe environment, and remove hazards that can lead to slips and falls. Upkeep, repairs and maintenance in most cases are the responsibility of the landlord, who must make timely repairs to any floors, porches, or walkways to provide a safe environment for the tenants. If someone renting a home suffers a catastrophic slip and fall injury due to the landlord’s negligence in maintaining the property, then that landlord is liable for the damages incurred.
Who is Liable?
For a property owner to be held legally liable (or responsible) for your injuries, one of the following must be true:
- The owner of the premises (or an employee) must have caused a spill or other dangerous condition.
- The owner of the premises (or an employee) must have known of the dangerous condition and failed to correct it properly.
- The owner of the premises (or an employee) “should have known” a dangerous condition was present.
Reasonableness and Comparative Negligence
It is often the case that liability in a slip and fall case is argued to be the responsibility of the injured person – that they must bear some fault for not watching where they are going. This is the most common defense against liability in slip and fall accident cases. In determining where fault should lie, there are two important concepts to consider: reasonableness and comparative negligence.
The reasonableness of the actions of someone injured by a slip and fall can depend on several factors. Did that person have a reason to be where they were? Was it reasonable to expect that the area they were in was hazardous? Were those hazards marked in any way, or otherwise so obvious that a reasonable person would not have missed them? If they tripped over something, was there any reasonable way they could have avoided it? Would a person exercising a reasonable amount of care have noticed and avoided the injury? Was the injured party paying enough attention? Questions like these can help determine whether or not someone suffering a slip and fall injury was comparatively negligent, and whether or not they are partially or fully responsible for their injury.
Do you have any questions or concerns? Contact us, we are ready to help. Initial consultation is confidential and free.
A slip and fall injury is a common occurrence with thousands of claims made each year. Many victims suffer serious, life-altering injuries that can even result in wrongful death. Consult a New Jersey slip and fall lawyer to determine whether you are owed damages for the negligence of a property or business owner.
