If you have been injured in an accident on someone else’s property in Paramus, New Jersey, here is what you should know. A personal injury accident that occurs on someone else’s property is commonly referred to as a slip and fall accident.
A slip and fall accident can form the basis for a slip and fall accident claim against the owner/occupier of the property to recover compensation for the injuries you suffered as a result of the accident. However, simply being injured on someone else’s property doesn’t necessarily mean that your slip and fall accident claim will succeed.
What is Required to Succeed in a New Jersey Slip and Fall Case?
To succeed in a New Jersey slip and fall case, you and your Paramus slip and fall lawyer need to prove, among other things, that your accident was caused by a dangerous condition—a wet floor, slippery surface, ripped carpet, broken stair, existence of ice, etc.—that existed on the property. This hazardous condition must have presented a foreseeable risk of injury to individuals who visited the property and which a reasonable person would have remedied. The standard of care owed to an injured person differs based upon the status of the injured person on the property.
What is Notice in a New Jersey Slip and Fall Case?
You and your Paramus slip and fall lawyer must also prove that the owner/occupier knew about the hazardous condition and had time to correct it. This is called the requirement of notice and is often where slip and fall accident cases can get tricky.
There are a few common ways to prove that the owner/occupier of the property had notice of the hazardous condition that caused your slip and fall accident:
- The owner/occupier created the hazardous condition themselves, perhaps while performing maintenance, or doing reconstruction;
- The owner/occupier knew of the hazardous condition, but was negligent in failing to correct it, perhaps because repairs were scheduled for the following week; and
- The condition existed for a long enough time that a reasonable owner/occupier should have discovered and corrected it before your accident and injury occurred. This may be established by witness testimony, video, maintenance reports, or even footprints and track marks that indicate people had been walking through the hazardous condition for some time.
To summarize, to succeed in a slip and fall accident claim, you need to prove that the owner/occupier of the property is liable because they knew or should have known of the hazardous condition that caused you to be injured, but did nothing to correct it. If you can successfully argue that the owner/occupier is liable, they may be required to compensate you for all of your medical expenses, lost wages, pain and suffering, and other losses you suffered as a result of your slip and fall accident.
Contact an Experienced Paramus, NJ Slip and Fall Lawyer
Slip and fall accident cases are some of the most difficult accident claims to pursue. Getting a qualified injury lawyer involved, who understands the complexities of slip and fall cases in New Jersey, will give you the best chance to succeed. Call us today or visit our contact page to schedule a free consultation with an experienced Paramus Slip and Fall lawyer.