Accidents involving a slip and fall injury are often viewed as trivial mishaps. While it’s true that many individuals just suffer bruises as a result of a fall, they may sometimes result in significant injuries. Falls are the leading cause of nonfatal hospital visits in the United States, according to the CDC. Slip and fall victims can face considerable medical fees and other expenditures, as well as lost earnings due to their inability to work.
If you were hurt during a slip and fall on property owned by another person, that person may be responsible for your injuries. In this article, we offer some assistance in understanding your rights and the process of filing a slip and fall claim. However, it’s important to note that your compensation potential is determined by the circumstances of your case.
Consulting with a Ewing slip and fall lawyer or one specific to the area will give you the greatest possibilities of collecting a fair judgment.
Accidents involving a slip and fall may occur for a variety of causes, including:
– Floors and stairways that are wet or slick from a spill or recently being waxed.
– Flooring and pathways that have cracks or are uneven.
– Carpets or rugs that are loose or damaged.
– Pathways or parking lots that are slippery from ice or snow.
– Lighting that is either faulty or inadequate.
– Staircases and railings that have been damaged.
– Surfaces with potholes.
– Debris or garbage that creates a potentially hazardous situation.
Another thing to remember is that just because you fell on another person’s property does not always mean the owner is liable for your injuries. To establish another party is at fault, you must establish four important things:
1. The owner owed you a “duty of care”, which means that had a legal responsibility to keep you safe on their property);
2. The property’s owner failed their duty of care;
3. The failure was the direct cause of you being hurt;
4. You suffered damages as a consequence of the injury you suffered.
In a slip and fall lawsuit, the extent of the owner of the property’s duty of care is greatly influenced by the connection between the injured person and the property’s owner. In this regard, guests who are required to have the greatest level of attention. For individuals who are on the property with permission, like guests during a social gathering, may be relatively restricted. A trespasser, on the other hand, has the least amount of duty that is owed to them.
While the parties’ connection is vital, it isn’t the only issue to consider in a slip and fall lawsuit. The entirety of all relevant circumstances will be considered by the courts in New Jersey.
Injuries on public transportation or property owned by the government
There are several accidents that are caused by a slip and fall that take place on public transit or on government-owned land, including:
– Platforms at a train station or even stairs.
– Structures that are occupied by government entities.
– Public property or parks.
Because these cases entail unique concerns and stringent procedural rules, it’s critical to speak with an attorney as soon as possible following your injury. When making a claim that accuses a government institution or fault, for example, you must normally submit a notice of claim before 90 days passes from the date of your accident. If this took place in an area that the Port Authority of New York and New Jersey owns, your lawsuit must be filed before the one year mark, as well as a notice of claim 60 days prior to filing the case. Even if your case is generally solid, if you miss these dates, you may not be able to receive compensation.