What You Need to Prove Your Slip and Fall Accident
Posted December 27th, 2017 by Anthony Carbone, PC.
Categories: Slip and Falls.
One of the most dangerous things about this time of the year is the weather and what the weather can do to you. In many instances, bad weather conditions can cause you to slip and fall or trip and fall, leaving you injured or hurt. In fact, there are many conditions that could lead to this type of injury such as an uneven sidewalk, an untreated parking lot, or a neglected spill.
When those circumstances present themselves, you might want to instantly sue who the responsible party is. However, it is not that easy. If you plan on pursuing legal action, you must provide sufficient evidence that your slip and fall accident was not your fault. Without certain evidence, there is no reason to believe you have a valid lawsuit.
There are four elements that are very important to proving these kinds of cases and incidents. Without the following, your chances might be slim to none in having a 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).
If you have injured yourself on someone else’s property, it is best that you take note of everything that happened even if you think it is not important. It is better to prepare for the worst than think nothing of it. You might not notice the extent of your injury until sometime later, so it is good to be ready.
Contact Us If You’ve Been Hurt
Have you slipped and fell or tripped and fell on someone’s property recently, sustaining injuries in the process? Contact the experienced slip and fall attorneys at the Law Offices of Anthony Carbone. The consultation is free. Call us today.
