New Brunswick Slip and Fall Lawyers: Grounds for a Personal Injury Case
Slip and fall accidents are not uncommon. Most of the time, these types of accidents are minor and cause nothing more than a bruised ego. However, some slip and fall accidents result in serious injuries, leaving the victim with lasting physical effects and substantial medical expenses. When should a victim take legal action against a property owner or occupier after a slip and fall accident? The answer is not always easy.
Visitors to a person’s home, or to a restaurant, theater, or other public space are expected to use common sense when navigating their way. If a person is texting on their phone while walking through a crowded store, he or she is likely to trip over an object on the floor or at least bump into another person. If the person who was not watching where he or she was going gets hurt, it may be difficult or impossible to hold the store owner responsible. Because slips, trips, and falls are an inevitable part of life, victims who want legal recourse must demonstrate that a property owner is liable in some way for their accident.
New Jersey Premises Liability Laws
Premises liability laws are not always easy to decipher. To hold a property owner or manager liable for injuries suffered in a slip and fall accident in New Jersey or elsewhere, certain criteria must be met. The owner or occupant must have either caused the dangerous surface or item to be underfoot, or have known about it but neglected to remove or repair the hazard within a reasonable time.
The other criterion is a bit more ambiguous. To prove a property owner or occupant is responsible for a victim’s slip and fall accident injuries, the plaintiff must prove that the property owner should have known the hazard existed as a “reasonable” person maintaining the property would have discovered it during routine maintenance.
However, this rule should not be interpreted to mean that a property owner is expected to constantly inspect and patrol their property in order to stay on top of any possible hazard. Things will always spill. Floors, steps, and concrete will eventually need to be repaired or replaced. The law maintains a standard of “reasonableness” when it comes to expected repair and maintenance.
If the owner is responsible and demonstrates frequent and thorough efforts to keep their space safe, clean, and free of debris and hazards, they are less likely to be held liable for a slip and fall accident. On the other hand, if a property owner has a history of neglecting safety issues or keeping a clean property, he or she is more likely to be held responsible for injuries resulting from their negligence.
New Brunswick Slip and Fall Lawyers at the Law Offices of Harold J. Gerr Successfully Represent Victims of Slip and Fall Accidents
If you suffered serious injuries in a slip and fall accident in New Jersey, you may have a legitimate case under premises liability laws in New Jersey. Call the New Brunswick slip and fall accident lawyers at the Highland Park Law Offices of Harold J. Gerr at 877-249-4600 or contact us online. The Law Offices of Harold J. Gerr and his team serve clients throughout New Jersey including those in Somerset and Highland Park.