A slip and fall claim in New Jersey is a colloquial name for a personal injury lawsuit aiming to hold a property or business owner responsible for failing to keep their premises safe for visitors.
At Klatsky & Sciarrabone, our premises liability and personal injury attorneys will investigate your case and help you obtain full and fair compensation. Property owners have a duty to maintain their premises and keep them safe. When they fail to do so, we make sure they are held accountable. Contact us at 732-741-3200 or fill out our online form to schedule a consultation.
What is a Slip and Fall Case?
A slip and fall case is a lawsuit that stems from an incident where a visitor gets hurt due to a dangerous condition on the premises. While it often involves slipping and falling, it is by no means restricted to that narrow scenario. Examples of slip and fall cases include:
- Tripping on a hidden obstacle
- Sliding on an icy parking lot or sidewalk
- Falling into a hidden sinkhole
- Falling through a weak floor or step
To have a slip and fall case, you must be able to prove, at a minimum, that:
- Duty of care. The property owner or manager owes a duty to inspect the premises and address any hazardous or dangerous conditions.
- Hazardous condition. A hazard or an otherwise dangerous condition existed on the property.
- Notice. The property owner or manager had actual or constructive notice of the hazardous condition.
- Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury as a result of the hazardous condition which caused the victim to incur damages. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering).
These elements of a slip and fall case may seem straightforward, but they can become complex.
Common hazardous conditions which may give rise to a claim, include, but are not limited to:
- Wet floors or bad flooring
- Poorly lit areas or unmarked step-offs
- Poorly maintained sidewalks
- Unsafe stairs, broken or missing handrails
- Poorly operating escalators or poorly maintained elevators
- Boxes or other items poorly placed or left in the path of foot traffic
- Mishandled or mislabeled liquids, food, or chemicals (can cause burns)
- No warning or hazard signs
These situations are merely examples. Conditions creating a slip and fall accident can materialize in many different ways.
Liability and New Jersey Slip and Fall Accidents
Parties legally responsible for the damages caused to a person due to a slip and fall accident are liable for those damages and include:
- The business owner
- The property owner
- A company that has been hired to maintain the premises.
Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.
Overview of the Civil Litigation Process
In those cases which cannot be settled without filing a lawsuit, the lawsuit is initiated by the plaintiff filing a Complaint which outlines the factual allegations giving rise to the claims entitling the plaintiff to an award. The filed Complaint is then served upon the defendant along with a Summons which directs the defendant to file an Answer and serve a copy of same upon the plaintiff. The defendant's Answer responds to the factual allegations set forth in the Complaint and asserts defenses to the plaintiff's claims.
After the defendant's Answer has been filed and served, the discovery phase of the litigation begins. During discovery the parties gather evidence through such methods as (a) interrogatories, which are written questions requiring written responses certified to be true, (b) depositions, which are verbal statements given by witnesses under oath in response to questions asked verbally, and (c) written requests for documents. Additionally, the parties may use requests for admissions to get one another to admit certain facts are true so as to avoid the need to offer evidence at trial to prove those facts admitted by the opposing party.
After discovery is complete, the parties will usually attempt to agree upon a settlement.
If the parties are unable to reach a settlement, then their case will proceed to trial.
Common Slip and Fall Injuries
Slip and fall-related injuries vary greatly. The type and extent of the injury depends on the accident itself as well as the location, the environment, what the victim was doing, the victim's age, the victim's overall health or pre-existing conditions, and more.
Many of the following types of injuries can result from slip and fall accidents:
- Broken bones or multiple fractures
- Bruises, sprains, strains, or soft tissue damage
- Bone or joint dislocation
- Ruptured or herniated disks
- Cuts, lacerations
- Neck and back injuries
- Head injuries
As mentioned, an injured person's existing health condition can impact the severity of the injury. Elderly and frail victims of slips and falls can suffer more devastating injuries. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.
Contact Klatsky & Sciarrabone Today
At Klatsky & Sciarrabone, our slip and fall accident attorneys have the resources and skill to competently represent you. Upholding your rights and obtaining fair and full compensation is what we do. To find out if you have a viable slip and fall injury case or to simply learn more about your legal options, contact us at 732-741-3200, or fill out an online form to schedule a consultation.