Slip and falls happen all the time in New Jersey. Often, the accident and the injuries that result could have been prevented if the property owner had acted responsibly to avoid dangerous conditions. If something like this has happened to you, there is some important information that you should know about your legal rights to achieve the justice you deserve.
If you or a loved one has fallen on someone else’s property in New Jersey due to a dangerous condition that the owner failed to rectify, you may be entitled to monetary compensation for your injuries. Identifying who is liable and why can be complicated, so you should speak to an attorney to determine your options. You only have two years to file your slip and fall lawsuit in New Jersey, so acting quickly and decisively is critical.
Legal Care New Jersey is here to help you. Our dedicated New Jersey slip and fall lawyers have the experience, knowledge, and resources to ensure that your voice is heard and that your injuries are covered. To schedule a free consultation, call us at (732) 838-9769.
Duty of Property Owners in Slip and Fall Cases in New Jersey
Suing for injuries sustained in a slip and fall in New Jersey requires a showing that someone was responsible for preventing the slip and fall. Typically, that responsible person or entity is the property owner. Property owners in New Jersey owe a legal duty of care to anyone who they allow or invite onto their property. Restaurants, retail stores, and hotels are just a few examples of businesses that own property which they must keep safe for customers.
To meet their duty, the property owner must take reasonably prudent measures to prevent harm coming to those on the property. “Reasonably prudent measures” might include conducting routine investigations to discover hazardous conditions, repairing those conditions, or otherwise clearly notifying those on the property of the existence of those conditions.
In order to recover in a slip and fall lawsuit, the plaintiff must prove not only that the property owner owed them a duty of care, but that the property owner breached that duty. In other words, the property owner must have failed to live up to their standard of care. The standard in a particular situation will be determined by comparing the defendant’s actions or inactions to what a reasonably prudent person in a similar situation would have done.
Third Party Liability in Slip and Fall Cases in New Jersey
The property owner is not always the liable party in a slip and fall in New Jersey. Property owners may outsource some of their maintenance responsibilities to other companies, such as a snow removal company or a custodial service. If the property owner contracts with another company to handle the issue that ultimately caused the slip and fall, the other company may bear the liability for the accident.
As an example, suppose that John slipped on a patch of ice in a parking lot on his way into a grocery store and fractured his arm. If the grocery store owns the parking lot and did not contract with a snow removal company to handle the icy conditions, the grocery store would be liable. If the grocery store hired a snow removal company to deal with the issue and the snow removal company failed to clear the ice or clearly notify customers of the ice, the snow removal company would inherit the liability. If the parking lot is owned by a property management company instead of the grocery store (a common situation in shared retail parking lots), the property management company would be liable.
These situations can become complicated when there are a number of liable parties involved. It is always helpful to consult with a New Jersey slip and fall attorney to determine which parties the liability may reach for your slip and fall injuries.
Damages for Slip and Fall Cases in New Jersey
To recover after a slip and fall in New Jersey, you must be able to prove that you suffered injuries as a result of your accident. Proving injuries is best accomplished by way of medical records that document the harms that you sustained. For this reason, you should always seek medical care immediately after a slip and fall.
If you wait too long to get your injuries evaluated and treated, you open yourself up to several potential consequences. A slip and fall defendant could argue that the injuries that you claim were suffered after the slip and fall. An extended period of time between the accident and receiving medical care might suggest to a jury that the plaintiff did not feel that their injuries were serious.
Slip and fall plaintiffs in New Jersey may recover damages (or monetary compensation for their injuries) for several different reasons. Firstly, damages may include any medical costs associated with the injuries. Compensable medical expenses include emergency procedures, ambulance rides, physical therapy, specialist appointments, and prescriptions, to name a few. Plaintiffs can also recover lost wages if they were forced to miss work due to the recovery from their injuries. If the injuries cause any long-term consequences such as chronic pain or damage to personal relationships, a court may compensate the plaintiff proportionally for their pain and suffering.
The value of damages varies dramatically between cases. Therefore, it is difficult to predict what a court might award without an assessment of the facts of your case, which you can get from a consultation with one of the slip and fall attorneys from Legal Care New Jersey.
Statute of Limitations for Slip and Falls in New Jersey
If you are injured in a slip and fall in New Jersey, take note that you only have two years from the date of the accident to file your claim. If you miss your deadline, you will not be able to proceed with your lawsuit or recover any damages. Preparing a lawsuit can be time-consuming, so it is important to act fast.
Get Your Slip and Fall Injuries Covered in New Jersey Today
Legal Care New Jersey is your best option for recovering the compensation that you deserve after a slip and fall that left you injured. Call us at (732) 838-9769 and we can schedule your first consultation for free.