Losing your footing and slipping and falling is a fairly common occurrence. Whether the cause of the slip and fall is a loose railing, an uneven step, an icy walkway, or something else, what matters in a slip and fall claim is whether someone was negligent. In some instances, the property owner is responsible; in other cases, the person suffering the injury is considered responsible for their own fall.
Determining who is liable
When you slip and fall on another person’s property, you might immediately feel that it is their fault that you fell. Perhaps the walkway wasn’t properly cleared after a snowstorm. Or perhaps a step was loose and that caused you to topple. In the eyes of the law, proving negligence requires that certain conditions are met in order to prove liability. To be held legally accountable for the injury, the property owner must have exhibited one of the following:
- Property owner or an employee caused the dangerous conditions that led to the slip and fall
- Property owner or an employee knew of the dangerous conditions but did not take any action to rectify those conditions
- Property owner or an employee should have known that the conditions were dangerous because a “reasonable” person managing the property would have detected the hazard and taken action to remove, repair, or otherwise address the dangerous conditions
Personal injury claims that are based on what a property owner “should have known” regarding dangerous conditions are the most common claims. They are also less straightforward than claims based on the other situations because whether or not a “reasonable” person would recognize and address the condition is open to interpretation.
Negligence is at the core of all personal injury cases. We trip and slip and fall every day for one reason or another. And most times we are to blame for our own falls. But when another entity is clearly responsible for our fall and subsequent injuries, personal injury law provides protection and compensation for the injuries. Following your slip and fall, notify the property owner immediately and prepare a written report of the accident. Have the property owner sign it and obtain a copy for your records. Seek medical attention for your injuries and keep all documentation of treatment for use in your personal injury claim. Take photos of the scene of the accident as soon as possible after your slip and fall, and collect contact information from any witnesses.
If you have suffered an injury in a slip and fall accident, contact our New Jersey accident lawyers for a free consultation
Slipping and falling is not uncommon and, in some cases, someone is responsible. In those instances, personal injury law provides relief. You may receive compensation for medical bills, lost wages, and other damages. Skilled slip and fall accident attorneys at Brady, Brady & Reilly, LLC have represented injured victims for more than 50 years, successfully recovering just damages for the injuries they sustained. Knowledgeable, experienced, and dedicated, our team fights aggressively on your behalf for just compensation. Contact a member of our team at 201-997-0030 or online to arrange for a confidential consultation to discuss your case.