New Brunswick Slip and Fall Lawyers: Constructive Notice
Slip and fall accidents can be caused by a number of different sources, from icy walkways to hazardous spills, but the way that these accidents are dealt with depends on whether and how the property owner was informed about their existence. Notices are divided into two major categories for slip and fall accidents – actual and constructive notices. An actual notice is fairly straightforward, in that the property owner must have been made aware of the hazardous area directly, either by seeing it firsthand or by being told in person.
Constructive notice works somewhat differently, in that they assume that the property owner should have been aware of the dangerous conditions without necessarily requiring actual notice. An example of this might be having an area that is hazardous during rain or snow, and failing to post the required safety information or warnings during such weather. Under premises liability laws, victims are required to prove that property owners had constructive or actual notice during the time of the slip and fall accident. The reasoning for these laws is that if a property owner had no notice of an unsafe environment, or did not have reasonable cause to believe an area would be unsafe, they could be unfairly prosecuted for injuries.
Limitations for Constructive Notices
Constructive notices are limited by a number of factors which are required to establish proof that a property owner or manager would be liable for injuries on the site. While the specifics of these conditions vary somewhat by region and the nature of the slip and fall accident, the general theme remains the same. Key points are the amount of time the hazard has been in place, where on the property the hazard has occurred, and the nature of the dangerous condition itself.
For example, if a laundry detergent bottle is spilled in a department store and a customer steps on it moments later, then it is unreasonable to blame the store for failing to maintain a safe environment. If this same incident were to occur, but with several hours between the spill and the slip and fall, then it becomes more reasonable to assume the store operators should have been aware of the unsafe area and taken steps to remedy it. Differing circumstances for hazards and slip and fall accidents can make things a bit difficult in the courtroom, and interpretations can vary from case to case.
New Brunswick Slip and Fall Lawyers at Harold J. Gerr Represent Injured Victims
Our New Brunswick slip and fall lawyers can represent you or a loved one who has been injured in a slip and fall accident. Serving clients across central New Jersey, Harold J. Gerr has over 40 years of experience representing personal injury victims. We address cases by combining skill, experience, and a personal approach in order to tailor our representation to your specific needs. Call 877-249-4600 or contact us online for a free case consultation.