Who Is Liable for a Slip and Fall Accident in New Jersey on Someone Else’s Property?
Slips and falls in New Jersey can happen in an instant, but can impact you and your loved ones for many months after. When they occur on another’s property and are due to the property owner’s negligence, you have the right to hold them liable for your costs.
Our Red Bank personal injury lawyer provides the trusted legal guidance these cases require. Find out how New Jersey premises liability law applies in these cases and what you need to prove to recover damages.
How New Jersey Premises Liability Law Works
Property owners and occupiers in New Jersey must maintain a reasonably safe condition for visitors. When they don’t, and a slip-and-fall accident occurs, you may be able to hold them liable in a premises liability claim.
Under New Jersey common law and the Comparative Negligence Act, courts evaluate several factors when determining liability in slip and fall cases, including:
- Whether the property owner knew or should have known about the hazardous condition.
- How long the condition existed.
- Whether they tried to fix the problem or warn about the hazard.
- The nature of the property and the purpose of the injured person’s visit.
In New Jersey slip-and-fall accident cases, modified comparative negligence applies. You can get compensation provided you are 50 percent or less at fault. However, the amount you are entitled to may be reduced. For example, if the court determines you are 20 percent at fault, any settlement or jury award is reduced by that amount.
How To Get Compensation in a New Jersey Slip and Fall Accident Claim
Showing that you were injured on someone’s property isn’t enough to file a New Jersey slip and fall accident claim. You have to prove that the property owner was negligent and that their actions or inactions were directly responsible.
Under New Jersey Court guidelines, the burden of proof in premises liability cases rests with the injured. Steps that can help strengthen your claim include:
- Immediately report the fall to the police, onsite security, the property owner, or manager, and request a written incident report.
- Take photos of the conditions that contributed to your fall, the surrounding area, and your injuries.
- Get contact information from any witnesses who saw what happened.
- Get prompt medical care and follow all recommended treatments.
New Jersey has strict deadlines for filing premises liability claims. To protect your rights to compensation, get professional legal help today.
Schedule a Consultation With Our Experienced Red Bank Personal Injury Lawyer
When slip-and-fall injuries occur in New Jersey, they can impact your health and your family’s finances long after. To get the compensation you need to cover your medical bills, lost income, and other costs, contact Sanvenero & Cittadino Law Office.
While you focus on recovery, our experienced Red Bank personal injury lawyer can investigate, gather evidence, and hold those at fault accountable. We represent clients in Shrewsbury, NJ; Monmouth County, NJ; Central New Jersey; and throughout New Jersey. Request a consultation today.
Source:
njcourts.gov/sites/default/files/charges/7.31.pdf