Slip and fall accidents are a significant cause of personal injury claims in New Jersey, affecting thousands of individuals each year. According to the National Floor Safety Institute, falls account for over 8 million hospital emergency room visits annually, making them the leading cause of ER visits. Slip and falls represent 12% of these cases. In New Jersey alone, the Department of Health reports that falls are the leading cause of injury-related hospitalizations, with a notable portion attributed to slip and fall incidents. These accidents can occur anywhere – from grocery stores and shopping malls to sidewalks and private residences. While some slip and fall accidents result in minor bruises, others can lead to severe injuries such as fractures, head trauma, and spinal cord injuries.

The aftermath of a slip and fall accident can be overwhelming, especially when dealing with all the financial ramifications – such as medical bills and missing work – and the physical and emotional toll of the injury itself. We want to ensure that you know your rights and the steps to take, both of which can significantly impact the outcome of your case.

The law firm of Brandon J. Broderick, Attorney at Law has worked with slip and fall victims in New Jersey for years. We have extensive experience in personal injury cases involving slip and fall accidents. Allow us to help you get the compensation you deserve.

In this article, we will discuss key legal considerations for slip and fall claims in NJ. By understanding these aspects, you can better navigate the claims process and protect your rights.

Proving Liability in Slip and Fall Claims

Establishing Negligence

To successfully pursue a slip and fall claim, you must prove that the property owner or occupier was negligent in maintaining a safe environment. Negligence involves demonstrating that the owner knew or should have known about the hazardous condition and failed to take appropriate action to rectify it. This can include hazards such as wet floors, uneven surfaces, poorly lit areas, or obstacles left in walkways.

Duty of Care

Property owners in New Jersey have a legal duty of care to ensure their premises are safe for visitors. This duty varies depending on the status of the visitor – whether they are an invitee, licensee, or trespasser. Invitees, such as customers in a store, are owed the highest duty of care, while trespassers are owed the least. Understanding the duty of care owed to you can help establish the property owner's responsibility in a slip and fall claim.

Comparative Negligence

New Jersey follows the rule of comparative negligence, which means that your compensation may be reduced by your percentage of fault in the accident. For example, if you were found to be 20% at fault for not paying attention to warning signs, your compensation would be reduced by 20%. If you are more than 50% at fault, you may be barred from recovering any damages. It is important to accurately assess your actions and those of the property owner to determine liability. For more information, visit the New Jersey Courts website.

Importance of Evidence

Documenting the Scene

Gathering evidence at the scene of the accident is crucial for supporting your slip and fall claim. Take photographs of the hazard that caused your fall, such as a wet floor or broken step. Capture the surrounding area to show the lack of warning signs or other contributing factors. If possible, collect contact information from witnesses who can corroborate your account of the incident.

Medical Records

Seeking immediate medical attention after a slip and fall accident is essential for your health and your legal claim. Medical records provide documentation of your injuries and the treatment you received. Ensure that you follow your doctor's recommendations and attend all follow-up appointments. Detailed medical records can help establish the extent of your injuries and the impact on your life.

Incident Reports

If the slip and fall occurred in a commercial establishment, report the incident to the property manager or owner and request that an incident report be filed. Obtain a copy of the report for your records. This report can serve as important evidence, documenting the circumstances of the accident and the property owner's response.

Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury claim, including slip and fall accidents, is generally two years from the date of the incident. Failing to file within this timeframe can result in losing your right to seek compensation. It is important to act promptly and consult with an attorney to ensure that all legal deadlines are met. For more details, refer to the New Jersey Legislature website.

Potential Compensation

Medical Expenses

Victims of slip and fall accidents may be entitled to compensation for all medical expenses related to the injury. This includes emergency room visits, surgeries, medications, physical therapy, and any future medical treatments necessary for recovery.

Lost Wages

If the injury prevents you from working, you can seek compensation for lost wages. This includes both the income lost during your recovery period and any potential future earnings if the injury results in long-term or permanent disability.

Pain and Suffering

In addition to economic damages, you may be entitled to compensation for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective but can significantly impact your quality of life.

Property Damage

If your personal property, such as clothing or electronics, was damaged in the slip and fall accident, you may also be able to recover compensation for these losses.

Need a NJ Slip and Fall Lawyer? Call Us Today

Whether you've experienced a slip and fall accident or another type of personal injury, you aren’t alone. Everyone deserves legal help and the NJ slip and fall lawyers at Brandon J. Broderick are here for you. Our experienced lawyers will guide you through every step of the process, from gathering evidence and filing your claim to negotiating with insurance companies and representing you in court if necessary.

We urge you to call us today to get the process started.