Slip and Fall at a School: What You Need to Know
You’re running late bringing your children to school. You walk with them to the office to explain the situation. Since it snowed last night, the school’s floor is extra slippery this morning, and there are no signs posted. Your daughter slips and falls. She cries out in pain. Taking her to the doctor, you learn she broke her arm in three places.
Does this scenario sound familiar? If it does, you may be interested in knowing your legal options.
Slip and Fall Accidents at School
Premises liability law states the owner of the property is responsible for keeping the premises clear of any hazards. And schools are no exception. It is the school’s responsibility to make sure everyone is safe, especially with our children.
But if an accident does occur at school, who is the guilty party? Unlike a commercial property, there is no owner to a school. So who will get the claim?
It all depends on whether the school is a private institution or a public entity.
Private vs. Public School Injury Claims
Private schools are required by New Jersey to keep premises safe. But unlike a public school, there is little to no state intervention into the affairs of the school. So if you have a slip and fall at a private school, the school is responsible for the injuries.
However, if the slip and fall occurred at a public school in New Jersey, this is a different situation. Since the local government owns schools, this becomes a government claim.
Public schools have additional legal protections compared to a private school. One such example is time limits — for a public school accident, you must file a notice of claim with the school district within 90 days from the date of the accident. With such restrictions in place, it can be more difficult to file and win a suit against a public school.
What is Needed to Prove Your Slip and Fall Claim
To have a successful claim against the school, you will need answers to the following questions:
- Did the school create a dangerous condition that caused the incident?
- Was the property in need of repair or maintenance at the time of the incident?
- Should the property owner have been aware of the hazard that caused the accident?
- Did the property owner ignore or fail to warn others of the dangerous conditions?
And remember, the evidence is crucial in a slip and fall accident case. Photos of the scene, police and medical records and witness accounts are all needed to prove your claim.
Contact Our NJ Slip and Fall Accident Attorney Now
Whether it was your child or yourself, when you are involved in a slip and fall at a school in New Jersey, you should meet with an experienced premises liability attorney. For 30 years, Jersey City premises liability lawyer Anthony Carbone has worked with injury victims to help them find the financial compensation necessary for complete recovery, as provided for by New Jersey law.
If you or someone you love received an injury following a slip and fall at a school and would like to learn more about your options, please contact the Law Offices of Anthony Carbone today for your free initial consultation now.