When you think of a slip and fall accident, you may think of clumsily slipping on an icy sidewalk. But what you may not realize is that slip and fall accidents can cause significant injuries that could take a lifetime to heal. If it happens to you, you may be facing a substantial financial debt.
However, if you slipped and fell on commercial property and your accident was the result of someone else’s negligence, you may be able to pursue a personal injury claim against the property owners. For the past 30 years, Jersey City slip and fall attorney Anthony Carbone has helped hundreds of clients across New Jersey with their slip and fall cases. Contact us now to get the help that you need.
How is Someone Responsible for My Slip, Trip, and Fall Injury?
According to New Jersey law, the owner of the commercial property is responsible for keeping the premises safe and free of any hazards that could cause an accident. When the owner fails to uphold that responsibility, legal action may be the only way to resolve the matter.
If a visitor receives an injury because of the premises’ unsafe conditions, the owner could be liable if he or she knew or should reasonably have known about the hazard prior to the accident.
For example, if work is happening at a store you’re visiting. While construction goes on around you, you trip and fall over a loose wire on the ground, the owner could be held responsible because he/she failed to keep the area safe for visitors.
Common Slip and Fall Accidents
Injuries from fall down accidents can occur indoors or outdoors in any kind of weather. Common examples include:
- Accumulations of snow or ice
- Sidewalk cracks
- Snags, rugs or bumps in carpet
- Waxed or wet-mopped floors
- Construction defects
- Code violations, including poorly maintained stairs, railings or handrails
- Items falling from shelves
You could be severely hurt after tripping, slipping or losing your balance due to a property owner’s careless maintenance of the premises. Here are a few common places that an accident can occur:
- An apartment building
- A department or grocery store
- A Jersey City mall
- A big box store
- One government property
- A PATH station platform
- A sidewalk
- A convenience store
What You Need to Prove Responsibility
Slip and fall accident cases can be extremely complex — you need to prove that not only the property owner is at fault but that the conditions of the property are the reason behind your injury. And without specific evidence, there is no reason to believe you have a valid lawsuit.
Four elements need to be established to prove responsibility in a slip and fall case:
- Duty on the part of the defendant: According to New Jersey law, a commercial property owner has a legal duty to make sure the property is safe for anyone who visits the premises. Without proving defendant’s owed duty, the plaintiff cannot win the case.
- Notice: The defendant knew or should have known of the condition that could cause harm to someone. If the defendant is shown to have strayed from proper procedure and maintenance practices, it may be possible to prove improper premises management resulting in a dangerous condition.
- Dangerous condition(s): The condition(s) that causes plaintiff harm was dangerous and not an insignificant flaw. The plaintiff must show that the property owner knew or should have known about the conditions for a reasonable amount of time. For example, the icy condition of a parking lot has been present for longer than a few hours.
- Damages: The injuries suffered by the plaintiff as a result of the dangerous condition(s).
Proven fault can be an uphill battle — this is the reason why it’s essential to hire a slip and fall attorney immediately following your accident. Without an experienced lawyer in your corner, the court will dismiss your claim.
To find out how much your slip and fall case is worth, click here.
How Our Slip and Fall Attorney Can Help
Our Jersey City accident lawyer has decades of experience working with the insurance groups to make sure our Jersey City slip and fall accident clients receive the compensation that they deserve. He will negotiate with the property owner and insurance company to make sure all your needs have been met. If he cannot come to a resolution, then we head to the courtroom and fight on your behalf.
If your claim does end up in court, we will build a solid case on your behalf. We have the best accident experts who will investigate the scene, speak with witnesses, and examine the property damage to support your claim. Our award-winning attorney uses the latest knowledge in premises liability laws and will do everything in our power to make sure you have your day in court.
Depending on the nature of your injuries, Attorney Carbone can help you pursue compensation for damages such as:
- Medical bills and rehabilitation costs
- Lost income from missed work
- Loss of earning capacity, if your injuries are so severe they compromise your ability to do your job
- Pain and suffering
- Emotional distress
If a fall down accident resulted in an injury and you need the services of a Jersey City slip and fall attorney who will aggressively fight for the restitution you deserve, please contact the Law Offices of Anthony Carbone online or calling 201-963-6000 today to schedule your free consultation.