Freehold Slip and Fall Lawyers

Slip and fall accidents are frequent in New Jersey, but understanding the legal aspects of these cases can be confusing. A slip and fall happens when a person loses balance due to hazardous conditions on a property, such as wet floors, broken tiles, or poorly maintained areas such as stairways. These accidents often lead to injuries that vary in severity, ranging from minor bruises to more significant harm, such as broken bones, spinal cord injuries, or head trauma.

The fundamental aspect of a slip and fall case is proving that the property owner or manager was negligent in maintaining a safe environment. New Jersey law holds property owners responsible for ensuring that their premises are safe for visitors. If they fail to correct or warn about hazardous conditions, they may be held accountable for any injuries caused.

Who Is Liable for a Slip and Fall Injury?

In a slip and fall case, liability typically falls on the property owner, manager, or landlord. To determine liability, one must prove that the owner caused the dangerous condition, knew about it and failed to correct it, or should have reasonably known about it and failed to take action. For instance, if a business owner is aware of a leaky roof that regularly causes slippery floors but neglects to address it, they may be held responsible if someone slips and falls as a result.

Landlords can also be liable if hazardous conditions on their rental property cause an accident. Uneven walkways, poor lighting in common areas, and broken stair railings are examples of conditions that, if left unaddressed, could lead to a landlord being held accountable for a tenant’s injuries.

What Should I Do After a Slip and Fall Accident in Freehold?

If you experience a slip and fall, the first step is to seek medical attention. Even if the injuries seem minor, some, like concussions or internal bleeding, may not be immediately apparent. Prompt medical evaluation is crucial for health reasons and documenting injuries in a potential legal case.

After seeking medical help, document the accident scene. Take pictures of the area, note the hazardous condition, and gather the contact details of any witnesses. If applicable, report the incident to the property owner or manager and request an incident report. Importantly, avoid making statements that could be interpreted as admitting fault. It is recommended that you speak with a lawyer before providing statements to insurance companies​.

How Do Slip and Fall Claims Work in New Jersey?

Slip and fall claims in New Jersey are governed by the state’s “comparative negligence” rule. This means that if the injured person is partly at fault for their own accident, their potential compensation may be reduced. If their fault exceeds 50%, they may not be eligible for any compensation.

For a claim to be successful, the injured party must prove that the property owner was negligent, that their negligence caused the hazardous condition, and that this condition directly resulted in the injuries. Claims must also be filed within the two-year statute of limitations for personal injury in New Jersey.

What Are Common Injuries from Slip and Fall Accidents?

Slip and fall accidents can cause a variety of injuries, some of which can have long-lasting consequences. Common injuries include head trauma, such as concussions or more severe traumatic brain injuries (TBIs), which can lead to cognitive impairments and other serious health issues. Fractures, particularly in the wrists, arms, hips, and ankles, are also frequent and may require surgery or long-term rehabilitation. Additionally, spinal cord injuries from falls can result in partial or full paralysis, affecting mobility and quality of life. Lastly, soft tissue injuries such as sprains and ligament damage are also common and can lead to chronic pain if not properly treated​.

How Is Compensation Determined in a Slip and Fall Case?

The compensation amount in a slip and fall case depends on various factors, including the severity of the injury, medical expenses incurred, lost wages from time off work, and the impact of the injury on the victim’s quality of life. In New Jersey, damages awarded in these cases may include compensation for medical bills, lost income, pain and suffering, and emotional distress.

However, due to the state’s comparative negligence law, the total amount of compensation could be reduced based on the victim’s share of fault in the accident. For example, if the injured party is found to be 25% at fault, the compensation they receive would be reduced by 25%. If they are deemed more than 50% responsible for their injuries, they may not be entitled to any compensation at all​.

How Long Do I Have to File a Slip and Fall Claim?

In New Jersey, the statute of limitations for filing a slip and fall claim is two years from the date of the accident. This means that individuals who wish to pursue legal action must file their claim within this time frame, or they risk losing the right to seek compensation. Filing a claim sooner rather than later ensures that evidence is preserved and that the legal process can begin while the details of the incident are still fresh​.

What if I Was Partially at Fault for My Slip and Fall Accident?

Even if you were partially at fault for your slip and fall accident, New Jersey’s comparative negligence rule allows you to seek compensation as long as you are not more than 50% responsible for the accident. For instance, if you were distracted when you slipped, but the property owner had failed to address a known hazard, your compensation could be reduced proportionally. If a jury determines that you were 30% at fault, your award would be reduced by 30%. However, if you are found to be more than 50% at fault, you will not be eligible for compensation​.

When Should I Contact a Slip and Fall Lawyer?

If you’ve been injured in a slip and fall, promptly contacting a lawyer can help protect your rights and ensure your claim is handled appropriately. A lawyer can assist in gathering evidence, evaluating the merits of your case, and negotiating with insurance companies to seek a fair resolution. Even if your case doesn’t end up in court, consulting with a lawyer ensures that you are making informed decisions about your legal options.

For more information or to discuss your particular circumstances, consider reaching out to the legal team at Lombardi & Lombardi, P.A., for a consultation.

Freehold Slip and Fall Lawyers at Lombardi & Lombardi, P.A. Protect the Rights of Injured Slip and Fall Victims

Slip and fall cases can be complicated and stressful, especially if you were the victim and you believe you should be compensated for your injuries. Let the Freehold slip and fall lawyers at Lombardi & Lombardi, P.A. help. Call us today at 732-906-1500 or fill out our online form for a free consultation. Located in Brick, Freehold, and Edison, New Jersey, we serve clients throughout New Jersey, including Point Pleasant.