Slip And Fal
What Is A “Slip And Fall” Personal Injury Accident?
A “slip and fall” is a common type of personal injury accident. As indicated in the name “slip and fall,” these accidents usually occur when the injured party slips on something or is impeded by an object in their way, causing them to fall and injure themselves.
What Types Of Accidents Count As Slip And Falls?
A slip and fall accident can occur in many different ways, and therefore many different types of accidents are included under the “slip and fall” umbrella.
Some common examples of slip and fall scenarios include:
- Slipping on wet or slippery floors and stairs
- Slipping on unaddressed weather conditions (such as ice or snow that should have been salted or plowed)
- Slipping on faulty or broken surfaces (such as floors, stairs, and walkways)
- Slipping due to a lack of lighting
- Slipping due to any other visual obstruction
- Slipping on debris or any other object that creates a hazard in a public place
- Slipping on damaged, bulging, broken, or ill-fitting carpets, rugs, or mats.
- Slipping because of a broken or absent railing.
These are not the only scenarios that can constitute slip and falls, but they are a good sample set to explain the concept.
What Has To Be Proven To Make A Case For A Slip And Fall Personal Injury?
In the State of New Jersey, in order to make a slip and fall personal injury case, you need to prove four things (sometimes called “elements”):
- The owner of the property where you were injured owed a “duty of care” to you—i.e., they were legally responsible for protecting you from risk of harm on their property (within reason);
- The owner breached that duty of care, through negligence or otherwise;
- The owner’s breach of their duty of care caused you to sustain your injuries; and,
- Your injuries caused you to incur losses (referred to legally as “damages”) which you are owed compensation for.
How Do I Know If A Property Owner Had A Duty Of Care To Me?
The best way to know whether a property owner had a duty of care to you is to consult a New Jersey personal injury attorney. However, as a rule, a property owner’s duty of care has a lot to do with who you are in relation to the property owner.
For example, if the property in question is a store and you were a customer or someone visiting the property in a business capacity (sometimes referred to as an “invitee”), the property owner has a high duty of care to you.
If you were on the property with consent but for non-business reasons, such as social visits with someone who works there (sometimes referred to as a “licensee”), then the property owner has a more limited responsibility to you, but your claim still has some weight depending on the circumstances.
If you are on the property without consent (sometimes referred to as a “trespasser”), then the property owner only has very limited duty to you, and your claim is likely much weaker than others.
The facts of each slip and fall case are considered very closely. Circumstances matter in these cases, and the right personal injury attorney can help you make a case for your unique scenario and set of circumstances.
Have you experienced a slip and fall accident? Are you dealing with the fallout from the injuries caused by that accident? You don’t have to do it alone. New Jersey Slip and Fall Attorney Robert Simons is ready to help. For a free consultation on your Haddon Heights, NJ personal injury case, reach out today at (856) 499-8066.