Slip & Fall
Property owners and proprietors have a legal obligation to ensure that they maintain a safe environment that is free from unnecessary risks and hazards. Businesses and residential properties are governed by premises liability laws in New Jersey, and those that fail to properly inspect and maintain their property can be held liable for injuries suffered in slip and fall accidents.
The New Jersey slip and fall lawyers at the Law Office of Mark S. Nathan represent victims injured in slip and fall accidents. We work diligently to claim the maximum amount of compensation for our clients who are injured by the negligence or carelessness of another. We are committed to holding property owners liable for physical injuries, as well as the pain and suffering endured by our clients resulting from a slip and fall accident.
Property Owner’s Responsibility to Maintain a Safe Environment
New Jersey premises liability laws mandate that residential homeowners, business establishments, retail stores, restaurants, and public recreational areas be well maintained and free from potentially dangerous conditions. When those responsible fail to regularly inspect their property or provide routine maintenance, such as filling-in potholes, shoveling snow from sidewalks, or putting salt on icy steps, they can be held liable for injuries suffered if someone slips and falls.
There are many dangerous situations that can occur to make a property unsafe. Examples of issues at properties include:
Retail and Restaurants
Retail establishments can be very hazardous areas. Uneven surfaces and poor lighting in parking lots can lead to trips and falls that result in serious brain, neck, and head injuries, or in broken bones and severe cuts and lacerations. Unmarked wheel stops in parking lots can cause people to fall and injure their hips, legs, and arms.
Wet and slippery entrances to malls, stores, and restaurants can lead to serious harm.
In these situations, it is the property owner’s responsibility to fix the problems or make a sincere effort to warn the public that these dangerous situations exist. Putting traffic cones over a pot hole, placing a caution sign at the entrance to a business that warns people of slippery conditions, or closing off stairways with loose steps or broken handrails will help prevent serious accidents.
Public and residential swimming pools are a source of danger to small children and can result in serious injury or death if a young child falls into an unsecured pool area. Locked gates, raised stairs, and double fences can prevent tragedy.
Parks and Recreational Areas
Township workers and property managers need to regularly inspect public parks and recreation areas to maintain them, and fix problems that arise. A rusty slide or loose seesaw can result in a serious injury. Uneven surfaces in parking lots or broken paths can cause sprains, fractures, and head or back injuries if people are not aware they exist.
Burden of Proof
Victims of slip and fall accidents have a right to bring suit against a homeowner or business that they believe is responsible for their injuries. But proving liability is a complicated matter. The injured victim in a premises liability lawsuit must prove that their injury was the direct result of the property owner’s negligence or carelessness.
It is often difficult to prove that the property owner was directly responsible for the plaintiff’s injuries. For example, an employee that fails to clean up a spill resulting from a broken bottle in a grocery store could argue that the customer that slipped on the liquid should have known to avoid the area to prevent their fall.
There are three areas of proof to be considered in a premises liability lawsuit:
- The injured victim must prove that the property owner or responsible employee should have been aware of the dangerous condition that caused the slip and fall accident.
- The plaintiff needs to show that it is reasonable to expect a property owner to know that a broken handrail on a stairway, poor lighting, pot holes in parking lots, or an icy or broken sidewalk could lead to a serious accident.
- If the property owner was aware that the dangerous situation existed, the plaintiff must prove that they ignored the situation and failed to take action to fix the problem that resulted in their injury.
New Jersey Premises Liability Lawyers at the Law Office of Mark S. Nathan Represents Victims of Slip and Fall Accidents
Slip and fall accidents are common, but when they are the result of a property owner’s negligence or carelessness, victims have the right to sue those responsible. If you or someone you know has been injured in a slip and fall accident, you may be entitled to compensation. Call the New Jersey premises liability lawyers at the Law Office of Mark S. Nathan at 856-232-5559 or contact us online to schedule a consultation today. Our offices are conveniently located in Blackwood, New Jersey and proudly serve clients throughout the state.