Understanding Your Legal Options in a Slip and Fall Accident
Slip and fall accidents can happen to anyone, anywhere. Whether it’s a slippery floor at the grocery store or a broken step on someone’s porch, these accidents can cause serious injuries. If you have been hurt in such an accident, you might be wondering if you can sue for your injuries. In this situation, it would be wise to seek legal advice from our Shrewsbury slip and fall accidents attorney to help you understand your rights and what steps you can take.
Slip and fall accidents happen more often than you think. Understanding when you can hold a property owner responsible is key to getting the compensation you deserve.
Quick Summary:
- Slip and fall accidents, caused by hazards like wet floors or uneven sidewalks, are common occurrences that can result in serious injuries requiring medical attention. Property owners are responsible for maintaining safe conditions to prevent such accidents. To successfully sue for a slip and fall injury, you must demonstrate that the property owner was negligent. This involves proving that a dangerous condition existed, the owner knew or should have known about it, and they failed to take reasonable steps to fix the issue or warn visitors. These factors are crucial in determining liability and eligibility for compensation.
- The duty of care a property owner has depends on why someone is on the property. Invitees have the highest duty of care. Owners must regularly inspect for hazards and fix them or warn of hidden dangers. Licensees have a lower duty of care. Trespassers have the least protection, but property owners cannot intentionally harm them or fail to warn of hidden dangers if they know trespassers frequent the area.
- New Jersey law considers the fault of both parties in a slip and fall accident. This is called comparative negligence. The court will decide how much each party is to blame and adjust compensation accordingly. There’s also a strict time limit to file a lawsuit, known as the statute of limitations. In New Jersey, you have two years from the accident date to sue for your injuries. If you wait too long, you may lose your right to compensation.
Understanding Slip and Fall Accidents
A slip and fall accident is when you lose your balance and fall because of a dangerous condition on someone else’s property. That can lead to injuries that might need medical attention. Slip and fall accidents can occur for many reasons. Some common causes include:
- Wet floors: Spilled drinks, leaks, or recently cleaned floors can be slippery.
- Uneven sidewalks: Cracks or holes in the pavement can cause people to trip.
- Poor lighting: Dim or no lighting makes it hard to see obstacles.
- Cluttered walkways: Items left on the floor, like toys or boxes, can be tripping hazards.
- Loose rugs or mats: These can slide or bunch up, causing someone to fall.
When You Can Sue for a Slip and Fall Injury in New Jersey
If you were hurt in a slip and fall accident in New Jersey, you might be able to sue the property owner for your injuries. But how do you know if you have a case?
In New Jersey, property owners must keep their property safe for visitors. This is called premises liability. If they fail to do this and you get hurt, you might be able to sue them for your losses and damages. Here’s what you need to know to see if you have a case:
Proving Negligence in a Slip and Fall Accident
To sue for a slip and fall injury, you must show that the property owner was negligent. That means they didn’t do what they should have done to keep the place safe. You have to prove three things:
- There was a dangerous condition: That could be a wet floor, a hole in the ground, or something else that made the area unsafe.
- The owner knew or should have known about the danger: The property owner needs to have been aware of the problem or should have known about it through regular inspections.
- The owner didn’t fix the problem or warn about it: If the owner didn’t repair the issue or put up a warning sign, they might be responsible for your injury.
Understanding the Duty of Care Owed by Property Owners
When you own property, whether it’s a home, store, or land, you have a responsibility to keep it safe for people who come onto it. This responsibility is called duty of care. It means you must take reasonable steps to prevent anyone from getting hurt while they are on your property. This duty changes depending on why the person is on the property:
Invitees
An invitee is someone who is invited onto the property for the owner’s benefit. This includes:
- Customers in a store
- Guests in a hotel
- Diners in a restaurant
- Guests attending a business meeting
Property owners owe them the highest duty of care. They must regularly check for dangers and fix them or provide warnings about hidden dangers.
Licensees
A licensee is someone who is on the property for their own purposes or as a social guest. Since the owner didn’t exactly invite them for a specific purpose, the duty of care owed to licensees is lower than for invitees. These include:
- A child playing at a friend’s house
- A neighbor borrowing a cup of sugar
- A mail carrier delivering your package
- A friend visiting your home
- Guests at a party you are hosting
Trespassers
When someone goes onto another person’s property without permission, they are called a trespasser. In New Jersey, property owners have a limited duty of care to trespassers. This means they don’t have to keep the property safe for people who shouldn’t be there, but there are still some rules they must follow. Here’s what property owners must do for trespassers:
- Avoid Intentional Harm: Property owners cannot set traps or intentionally harm trespassers. For example, they cannot set up a dangerous trap to hurt someone who enters their property without permission.
- Warn About Hidden Dangers: If the owner knows that trespassers often come onto their property, they must warn about hidden dangers that could cause serious injury or death. For example, if there is a hidden pit, the owner should put up a warning sign.
If a property owner does not meet their duty of care and someone gets hurt, the injured person might be able to sue. They would need to show that the owner knew or should have known about the danger and didn’t fix or warn about it.
How Comparative Negligence Affects Your Slip and Fall Claim
If you slip and fall on someone else’s property in New Jersey and get injured, you might think the property owner is always at fault. However, the law in New Jersey considers the actions of both parties involved – the injured person and the property owner. This is called comparative negligence.
Comparative negligence means that the court will look at the actions of both the injured person and the property owner to decide who is at fault. If both parties are partly responsible for the accident, the compensation can be adjusted based on who was more at fault.
Statute of Limitations for Filing a Slip and Fall Lawsuit in New Jersey
You must also file your lawsuit within a specific time, called the statute of limitations. In New Jersey, you have two years from the date of the accident to file a personal injury lawsuit.
It’s crucial to understand the statute of limitations because if you wait too long to file a lawsuit, you may lose your right to seek compensation for your injuries. The court will likely dismiss your case if it’s filed after the statute of limitations has expired.
How Our Shrewsbury Personal Injury Attorney Can Help After a Slip and Fall
Slip and fall accidents can be confusing and stressful. If you’re hurt, knowing if you can sue for your injuries is critical. Our Shrewsbury slip and fall accident lawyers at Kreizer Law can help you understand this better.
Our personal injury law firm can explain the legal process and fight for the fair compensation you deserve. We can help you gather evidence like witness statements, medical records, and even photos of the accident scene to show what caused your fall. We will help you understand what kind of compensation you might be eligible for.
We understand that a slip and fall accident can be a challenging time. We aim to take the legal burden off your shoulders, so you can focus on healing. Contact Kreizer Law today to schedule a free consultation and learn how we can help you seek justice and compensation. We’ll work tirelessly to achieve the best possible outcome for your case.
We can also help you deal with nursing home abuse, medical malpractice, sexual abuse, worker’s compensation, civil rights, and wrongful conviction cases in New Jersey.
