If you are injured as the result of a slip-and-fall accident, you may be entitled to compensation for your injuries. To receive fair compensation in a lawsuit, you must prove that the other party is liable for your injuries because of their negligent behavior.
Learn why liability in a slip-and-fall case is challenging to prove and why it is essential to work with a lawyer specializing in slip and fall in North Bergen to win your case.
What is Premises Liability
In New Jersey, premises liability is the legal responsibility of property owners to maintain their property in a manner that keeps visitors reasonably safe. Property owners must inspect their premises to identify potential hazards, fix dangerous conditions, and warn visitors about existing dangers on the property. If a property owner fails to uphold their responsibility to keep the premises safe, they may be held liable for any injuries on their property.
How Do You Prove Liability?
To receive compensation, you must prove the following in a premises liability case:
- A dangerous condition existed
- The defendant was aware or reasonably should have been aware of the hazardous condition
- The defendant had reasonable time to repair the hazard or warn visitors of the hazard and failed to do so
- You suffered injuries as a direct result of this negligence
Challenges to Proving Liability
Even if you prove liability, there are a few challenges in New Jersey law that may affect your ability to receive compensation.
- Open and Obvious
The “open and obvious” defense states that if a reasonable person should have noticed the hazard, then the property owner is not liable for the victim’s injuries.
- Comparable Negligence
New Jersey’s comparable negligence principle states that if your actions contributed to your injury, you might be held partially liable. If you are adjudged to be more than 50% responsible you will receive nothing.
- Tort Claims Defenses
Proving liability against a municipality is time-sensitive and fraught with defenses allowed by the Tort Claims Act. This can make premise liability cases involving government-owned properties very difficult to win.
Contact a Slip and Fall Lawyer Today
If you suffered injuries in a slip-and-fall accident because of another person’s negligence, don’t hesitate to contact lawyers with slip and fall experience who can prove liability in your case. They will review your case and develop a winning legal strategy to get compensation for your injuries. Call for a free attorney consultation today to get started.