Falling accidents cause thousands of serious injuries in New Jersey every year. Many injuries caused by a slip, trip, or fall could have been avoided if property managers and owners had taken appropriate care to keep their property safe. Unfortunately, holding an irresponsible landowner accountable for your slip and fall injuries is more complicated than it might initially seem, especially if you try to pursue your legal claim by yourself.
Enlisting help from a New Jersey slip and fall lawyer can greatly improve your chances of obtaining fair compensation. A seasoned NJ licensed personal injury attorney from Ostroff Injury Law can collect and compile evidence of fault into a comprehensive claim, identify and value all your losses, and demand fair compensation through private settlement negotiations or a lawsuit in civil court.
Managing Partner Rich Godshall and Partner Ryan Jablonski have years of experience in this area of law. Our legal team won $380,000 for a contractor who fell through a trapdoor, suffering injuries to his spine and both shoulders. If you have a similar case, reach out to one of our New Jersey slip and fall lawyers as soon as possible.
When Are New Jersey Property Owners Liable for Falling Accidents?
Slip and fall cases revolve around the legal theory of negligence, which allows a person to be held financially accountable for the consequences of any accidents they cause. If a property owner fails to uphold the duty they owe to keep lawful visitors safe, they could be considered negligent and therefore liable for any injuries and damages stemming from an accident. The nature of a landowner’s “duty” to visitors depends on why those visitors are on their property.
Property owners have the highest duty of care to “invitees,” such as customers at a store. They must look for, find, and cure any dangerous conditions that could harm an invitee.
“Licensees” have permission to be on the property, but are there for their own benefit. These individuals are owed a slightly lower duty of care than invitees.
Landowners owe the lowest duty of care to trespassers, but they still owe them a duty of care. They are required to protect trespassers from hazards they knew about or should have known about. Property owners must also refrain from intentionally harming a trespasser outside of acts of self-defense.
In addition, property owners are generally only liable for slips and falls caused by hazards that they reasonably could have fixed beforehand. For example, if you slip in a grocery store immediately after someone spills a liquid, you may not have grounds to file a case. An NJ accident attorney at Ostroff Injury Law can help you determine whether you have a strong slip and fall case.
How Comparative Fault Could Impact Recovery
One important factor that can influence your claim is comparative negligence. Under New Jersey Revised Statutes §2A:15-5.1, a personal injury victim who bears some percentage of fault for causing or worsening their own injuries can only recover compensation for a portion of their damages.
Even worse, those who bear 51 percent or more of total fault for an accident are ineligible to recover any compensation at all. Retaining a knowledgeable trip and fall lawyer can help you fight back against accusations that you were partially at fault.
Contact a New Jersey Slip and Fall Attorney to Learn More
Getting hurt in a traumatic fall can have repercussions that last for months, years, or permanently. You can potentially hold the property owner or manager accountable for all the harm you suffered. Call Ostroff Injury Law today for a confidential meeting with a New Jersey slip and fall lawyer.