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Falls in Icy and Snowy Conditions – Winning Strategies

Injured in a Fall on an Icy or Snowy Sidewalk? How to Get Full and Fair Compensation

It happens far too often in the winter in New Jersey. The owner of commercial or residential property fails to keep parking lots, sidewalks or other walkways salted or free of ice and snow, and you slip and fall, suffering serious injury. To maximize your chances of getting all the compensation you need and deserve, there are specific steps you want to take:

Report the accident immediately or as soon as possible — Defendants or their insurers will frequently assert that the accident did not take place on their property, or that the injuries were caused by some other accident. You should tell all medical personnel, including ambulance team members, doctors and nurses, that the injuries resulted from a fall on ice or snow, and where the fall occurred. You should also identify any potential witnesses and get contact information from them.

Photographs should be taken as soon as possible, preferably on the day of the accident. Use the camera on your phone, if you have one. It is also beneficial to have a professional photographer take pictures of the scene of the accident, as well as your injuries. You may also want to take photographs of the location after other snowstorms. If the property owner has failed to properly clear snow and ice other times, this can be evidence of a practice on not clearing snow and ice.

If the defendant claims to have salted or sanded the area, request that they provide records of when and how much salt was applied, as well as what they used.

You may want to consider hiring an expert witness. A forensic engineer may be able to testify that the slope of a building or sidewalk led to an unreasonable risk of snow or ice buildup. You may also be able to bring in expert testimony regarding how snow or ice was removed, and whether it was reasonable.

If the property owner uses a snow removal service, that service will likely have records of when they came to the property and what they did. Ask to see a copy of their contract, as well as any logs or other records they maintain.

Contact the New Jersey Premises Liability Lawyers at the Law Offices of Harold J. Gerr

The most important thing to do after falling on ice or snow is to hire an experienced lawyer. At the Law Offices of Harold J. Gerr, we bring more than 40 years of experience to personal injury victims across central New Jersey. We are highly selective in the cases we handle, so that we can devote our full energy and attention to getting the results you want. We can even help you if your first lawyer did not.

For a free initial consultation, contact our office online or call us at 732-537-8570.

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    732-537-8570 | 732-249-4600

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