New Jersey residents have been exposed to severe winter weather conditions this season, and as snow and ice continue to bombard the state, the frequency of accidents involving ice and snow has increased significantly. Whether it be a motor vehicle accident involving a car, truck, or motorcycle, or a slip and fall incident caused be snow or ice, these events can result in serious injuries that require immediate medical care as well as long-term rehabilitative treatment.
Seeking medical attention is obviously the first and most important step after being injured in a winter weather-related accident. Next, it is critical to consult with a knowledgeable personal injury attorney who can comprehensively evaluate your case and provide you with an assessment of all of your legal options. While it may have been impossible for you to prevent your injury, another person’s negligence or failure to ensure your safety may mean that they can be held liable. Enforcing this liability with the assistance of an aggressive legal advocate can ensure that you receive compensation for costs such as medical expenses, loss of income, physical therapy, and the pain and suffering caused by your injuries.
Slip and fall accidents fall under a broader legal category known as “premises liability.” These cases typically involve injuries sustained as a result of an unsafe or defective condition on a company or individual’s property. Ice and snow represent some of the leading causes of slip and fall accidents, which may result in a wide variety of injuries including brain trauma (concussions), bone fractures, and back injuries such as herniated discs. If you slip and fall and suffer an injury, there are a number of significant questions that will determine the legal avenues available to you. For example, a legal professional or insurance provider will need to determine if the accident was foreseeable, if the injury could have been prevented, whether the site of the injury was a residential or commercial property, and if the party responsible for ensuring the safety of those on the property conformed to the prescribed standard of care.
One of the primary considerations in a slip and fall case is the type of property where the incident occurred, meaning commercial versus residential. Under New Jersey Law, a residential property owner is not required to uphold a reasonable standard of care, whether that includes applying salt, melting ice, or plowing snow to ensure the safety of those on the premises. Conversely, the owner of a commercial property has the legal obligation to act as a “reasonably prudent” person would when determining the appropriate means by which to address winter weather hazards. If he or she fails to take appropriate safety measures, the commercial property owner may be held liable in a personal injury lawsuit brought by a person who was injured on his or her property.
A seasoned personal injury attorney can ensure that every facet of your case is thoroughly investigated in order to ensure that your case is successfully resolved. For example, the personal injury lawyers at Kamensky Cohen & Riechelson will accumulate and organize evidence to support your claim, including a medical assessment of your injuries and necessary treatment, an analysis of the weather conditions that preceded the event, and photographs documenting the site of the incident. Compiling and constructing a compelling argument on your behalf is our priority as we work toward obtaining just compensation for you or your loved one.
For a free consultation with a member of our talented personal injury team, contact the law offices of Kamensky Cohen & Riechelson at (609) 528-2596 or (215) 337-4915.