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There’s nothing “minor” about a slip, trip or fall. Slip, trip, or fall accidents can result in serious and even life-threatening injuries. These injuries could cost you a lot of money due to medical expenses and time off from work. When you have been injured, you may be able to hold someone else liable for your injuries. Slip or trip and fall cases fall under an area of the law known as premises liability.
New Jersey state laws bind business and property owners to a duty of keeping their premises in safe condition for their guests and visitors. If a property owner is negligent about an unsafe condition on their property and someone is harmed, the owner can be held responsible for those injuries and other damages.
If you or someone you know has been injured in a slip, trip or fall accident, you may be entitled to compensation. Call some of the best slip and fall lawyers in NJ, Parker Waichman LLP, today at 800-968-7529 to find out what we can do for you.
Premises liability is an area of personal injury law that holds property owners liable for injuries that occur on their land. While slip or trip and fall accidents are the most common premises liability accidents, these types of cases can also include dog bites, swimming pool accidents, construction accidents, and grocery store accidents. Those who sustain an injury while on the property of another may be entitled to compensation if they are able to establish that the property owner was negligent, or that the owner owed a “duty of care” to the injured individual, the owner breached that duty, and caused harm to another as a result of that breach.
In New Jersey, the type of duty that a property owner owes to those on their premises will typically depend on the relationship the owner has with their guests and visitors, or whether those present on the property are considered invitees, licensees, or trespassers.
Under New Jersey law, the invitee is owed the highest duty of care. Invitees are usually individuals who are present on the property of another for business purposes. For instance, a customer at a grocery or retail store would be considered an invitee. The duty that a property owner owes an invitee is to ensure that the premises are free of harmful conditions and that it is safe for the public. The owner must also remediate any hazardous conditions on the property and warn visitors of any hidden defects.
Landowners owe licensees and intermediate duty of care. Licensees are those that are legally allowed or have permission to be on the property of another. For example, if you are having a dinner party, your guests would be considered licensees if you expressly invited the guests to your house. In these instances, a property owner does not have to inspect their property or make sure that the premises are reasonably safe, but the property owner can be liable if they knew or had reason to know that there was a hazardous condition on their property and was aware that the condition was dangerous.
Trespassers are usually owed a “minimal duty of care.” While trespassers do not have permission to be on the premises, a property owner still owes them a duty not to intentionally, recklessly, or wantonly injure the trespasser as long as the trespasser does not intend to commit a crime on the property. One exception to the trespasser’s duty of care is that there is actually is a duty of care owed to trespassing children. If it is rational to think that a child may be drawn to a dangerous environment such as an abandoned building or a swimming pool, a property owner must fence, repair, or otherwise barricade certain hazards that might attract children and put them at risk of danger.
Once the duty of care is established in a premises liability claim, the injured individual must show that the owner of the property has breached the duty of care and as a result of the breach they were actually harmed and sustained damages. If you’ve been injured in a slip and fall or other premises liability accident, be sure to contact an experienced slip and fall attorney in New Jersey to determine whether you are entitled to reimbursement for your injuries and other damages.
There are a variety of situations that may cause or contribute to a slip and fall accident, including:
Because a slip or trip and fall accident can happen in a number of different ways, it is not surprising that individuals sustain a variety of injuries in these accidents, including:
Premises liability can be a complicated area of the law so if you’ve sustained injuries in a slip or trip and fall accident, it is important that you have an experienced New Jersey Slip and Fall Accident Lawyer by your side to help you obtain the compensation you need and deserve. Call the (New Jersey slip and fall attorneys) at Parker Waichman LLP today at 800-968-7529 to discuss your case.
A: A slip and fall accident in terms of premises liability is an accident that happens on the property of another. In these types of accidents, an individual trips/slips on an object, falls and then is injured. Depending on the facts and circumstances of your slip or trip and fall case, you may be entitled to damages.
A: Determining who is at fault in a slip and fall case can be complicated. Property owners are obligated to prevent slip and fall accidents from occurring by keeping their premises free of hazardous conditions. So, when a slip and fall accident does happen, the individual or entity who owns or is responsible for maintaining the premises can be held liable for any injuries or other damages that one might sustain in the accident.
A: Slip and fall cases typically revolve around proving that someone was negligent. If an individual or entity who owns or maintains property fails to exercise reasonable care to keep their premises free of safety hazards and someone is injured, they can be held at fault for any damages. In order for you to prove negligence in your slip and fall injury case, you need to establish that the negligent property owner owed you a duty of care, that the owner breached the duty of care, and that the breach caused you harm. Once negligence is established, you may be entitled to compensation for your injuries. The type of evidence you need to prove your case will depend on the facts and circumstances, the type and extent of your injuries, and your relationship with the property owner.
A: Not all slip and fall accidents are the fault of someone else, but spills, acts of nature, and the negligent actions of another individual can all cause hazardous conditions to occur. Whether a property owner owes an injured individual a duty of care to keep their premises safe and free of hazards will depend on the relationship between the parties and if you are a licensee, invitee, or trespasser.
A: States have what are called statutes of limitations which are laws that establish deadlines by which you can file a particular type of lawsuit. In New Jersey, the statute of limitations for slip and fall cases and any other premises liability cases is generally two years, meaning you have two years from the date of your injury to file a lawsuit. If you miss the deadline and file your case after the two-year deadline, you likely will lose your right to compensation. While two years might seem like plenty of time, it is important to recognize that slip and fall, and premises liability cases can be complex, especially if more than one individual or entity might be at fault. So, if you’ve been injured in a slip and fall accident, be sure to contact a knowledgeable New Jersey Slip and Fall Accident Lawyer to protect your right to compensation.
A: If you’ve sustained injuries in a slip and fall accident, it is imperative that you seek medical treatment right away. While some injuries are apparent others may be less so. You never know if the bump on your head is actually a concussion, or if the pain in your arm is due to a broken bone, or if a bruise on your stomach indicates that you are suffering from internal bleeding. Make sure you go to all of your medical doctor’s appointments and that you follow the treatment regimen that your doctor has prescribed for you. It is also important to retain any and all medical records and bills in the event you end up filing a claim for compensation. It is also a good idea to consult with an experienced slip and fall accident lawyer who can help investigate your case, file any necessary paperwork, and assist you with meeting deadlines. Call the lawyers at Parker Waichman LLP
today at 800-968-7529.
A: Who will be responsible for your injuries will depend on the particular facts and circumstances of your case, but this very question is a good example of how complicated slip and fall accident cases can be when it comes to determining fault. In this instance, perhaps your friend created the unsafe condition, or the apartment complex owner or maintenance company is responsible for maintaining the steps in a safe condition. Your friend’s landlord might also be at fault depending on the terms of the lease agreement. Other than these individuals, perhaps a third party was responsible for removing any ice and snow from the steps and failed to do so. Because determining fault is so complex and a number of different individuals might be at fault for your injuries, it really is a good idea to consult with an experienced New Jersey slip and fall Accident Lawyer so they can help you figure out who is responsible for your injuries and other damages.
A: In New Jersey, when an individual is injured due to the negligent actions of another, they may be entitled to seek compensation from the at-fault parties. The compensation in NJ slip and fall settlements can either be economic, which can include lost wages and medical expenses, or it can be non-economic where you can receive compensation for things like pain and suffering and loss enjoyment of life
A: The worth of your slip and fall accident case will depend on the facts and circumstances of the accident such as where it occurred, what your relationship was with the owner of the property, the extent and nature of your injuries and medical treatment, whether you’ve had to miss work because of your injuries, and whether you have any prior medical conditions.
A: If you’ve lost a loved one due to a serious slip and fall or other premises liability accident, you may be able to file a wrongful death claim on their behalf. Whether you have a right to bring a wrongful death claim will depend on your relationship with the decedent such as whether you are the decedent’s spouse, child, parent, or sibling. The damages that you may be able to recover in a wrongful death lawsuit can include compensation for the loss of your loved one’s expected earnings, medical and funeral expenses, loss of benefits, loss of services and support, lost prospect of inheritance, and even loss of companionship and love as well as for your loved one’s pain and suffering.
A: Our personal injury lawyers accept a case on a contingency fee basis meaning that you do not owe any money to your lawyer upfront, and you will not be required to pay for expenses throughout the case. However, if you obtain compensation either by a settlement offer or a successful verdict at trial, your lawyer will be entitled to a percentage of the total recovery. If you do not recover any damages, you will not be required to reimburse or pay your lawyer. In other words, your lawyer doesn’t get paid unless and until you get paid.
At Parker Waichman LLP, we have some of the (best slip and fall lawyers in NJ). Our lawyers have decades of experience representing clients who have been injured in slip and fall or other premises liability accidents. Over the years we have earned a reputation for obtaining successful results in our clients’ personal injury cases and have recovered more than one billion dollars in settlements and verdicts. We’ve also received a number of honors and accolades over the years, including a Preeminent Lawyer recognition, a listing in the peer-reviewed “Best Lawyers” publication, and an AVVO rating of 9.8 out of 10
When you choose Parker Waichman LLP to handle your slip and fall accident case, you can expect effective representation from lawyers who care about your legal rights and who will strive to obtain the compensation you need and deserve.
Contact one of the experienced New Jersey slip and fall lawyers at Parker Waichman LLP today by calling 800-968-7529 or fill out our contact form online to schedule your free, no-obligation consultation.
Parker Waichman LLP
If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
Our law firm is ready to represent you in your injury case. We’ve helped many New York residents as well as those needing help nationwide. Contact our team for a free case consultation today.
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5 years ago
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2 months ago
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6 years ago
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