A quick trip to the grocery store to grab a few ingredients for your autumn chili or stew should be quick and easy. Unfortunately, many New Jersey residents slip and fall in stores, sustaining injuries that significantly impact their lives.
New Jersey’s personal injury laws allow you to seek compensation for lost income, pain and suffering, and medical expenses. For most victims, the challenge is where to start and how to prove a store’s negligence.
Read on to learn about your rights and the best steps following a slip and fall incident in New Jersey.
What to Do After a Slip and Fall While Shopping in New Jersey
The shock of unexpectedly falling and hurting yourself while shopping can cloud your judgment. If you are hurt or are experiencing severe pain, seek medical help first. Don’t be afraid to ask store personnel to call emergency services if necessary.
If possible, report the accident immediately to the management. They should document the incident, recording the time and circumstances surrounding your fall. Also, you or someone helping you should take pictures of the accident scene and request surveillance footage of the area to preserve evidence. However, remember that although gathering proof is crucial, your health is more important. Your slip-and-fall attorney can collect evidence and gather eyewitnesses later.
New Jersey is a “modified comparative negligence” state, which means the percentage of fault determines how much compensation you get. If a victim is found to be over 50% liable for the accident, they won’t receive any payment. It is advisable not to accept any responsibility for an accident before speaking with a New Jersey slip and fall attorney. What you think is your fault may be a store worker’s negligence, or the insurance company may take your words out of context to make it seem that you’ve accepted fault. It’s essential that you consult with an attorney experienced in New Jersey for slip and fall accidents before you talk to anyone else about the circumstances around the accident.
Proving that the Defendant was Negligent
All landowners in New Jersey must keep their premises reasonably safe for expected and some unexpected visitors. Ensuring visitors’ well-being is part of their ‘’duty of care.” If a breach of that duty results in another party’s injuries, the premises’ owner is negligent.
You or your NJ personal injury lawyer will require the following facts to prove negligence.
- Establish that the defendant owed you a duty of care. For example, if you were legally at the store, the management owes you a duty of care.
- Provide evidence that the defendant failed to provide an adequate duty of care. For example, if the store failed to ensure safety by not providing adequate lighting, they may be found to be negligent.
- Provide evidence showing that their negligence was the cause of your injuries.
The next step after proving negligence is assigning blame. Insurance companies distribute liability among the involved parties by examining their role in the accident. You must prove that you were less at fault than the defendant to be compensated. Many victims require a lawyer for this step, as the defendant’s legal team will be experienced in attempting to assign the injured party more blame. They may claim that the hazard was “open and obvious” to a reasonable person, that you were distracted, or that you wore inappropriate footwear.
Who Pays for Your Injuries in a NJ Slip and Fall?
Determining whom to pursue in a slip and fall accident is critical. While you may feel that the store management is responsible for your injuries, the real culprit may be the building’s maintenance company that failed to replace a damaged step on the staircase. If more than one party is liable, your NJ slip and fall attorney can advise you on the best path forward to achieve the best outcome for compensation.
Negotiating with insurance companies requires a deep understanding of New Jersey’s personal injury laws. Although you can research the procedure online, your time is limited, and you may need help navigating the complex legal system to obtain compensation for your injuries.
By retaining an experienced slip-and-fall personal injury lawyer, New Jersey slip-and-fall victims can concentrate on recovery. Contact the Law Offices of Peter Briskin to schedule your free, no-obligation consultation today to fast-track your claim.