Question for Attorney Carbone: I Slipped and Fell on Private Property. Do I Have a Case?
Posted February 13th, 2017 by Anthony Carbone, PC.
Categories: Slip and Falls.
Question: I was visiting a friend at his home in Jersey City. During the visit, it started to snow which turned to rain. The temperature dropped and made the walkway icy. When the weather cleared up, I asked my friend if he was going to clean up the mess but he said would wait until I left. With the visit over, I headed to my car. And of course, I slipped and fell on the walkway, breaking my hip. I don’t have insurance and the medical bills are pretty steep. Can I sue my friend for the damages?
Answer: When you have a slip and fall on private property in New Jersey and are considering a lawsuit, you need to understand who you can and can’t bring a claim against. For example, if you had a slip and fall accident while visiting a store or another type of commercial property, you can file a personal injury claim against the property owners and the staff. However, if you have a slip and fall on private property, the situation is different.
According to New Jersey law, private property owners of a single-family home has no duty to remove snow and ice. And if an accident does occur on their property, the property owner is not liable for the injuries. The reason for this is because when you visit a private property, it’s usually for reasons that further a commercial profit-generating business of the owner. This rule also applies to a resident at a multiple-family home — you cannot sue a resident of an apartment complex or condo building if you slip and fall on their property.
However, if you do slip and fall at a multiple-family dwelling such as an apartment complex, you do have the right to sue the property owner since that owner is making a profit from residents who are living at the property. Like a commercial property, the multi-family property owner has a legal responsibility to keep all residents and their visitors to stay safe. So if there is a slip and fall accident on a multi-family property, then you have a case.
If you slip and fall on a commercial or multi-family property, we can help. Contact our slip and fall attorney at the Law Offices of Anthony Carbone today for a free consultation.
