Identifying Potentially Liable Parties is an Essential Step in Seeking Compensation when Someone is Injured in a Slip and Fall in New Jersey
When it comes to personal injury law, slip-and-falls are among the leading reasons for claims. They fall under the umbrella of premises liability law, which keeps property owners and other responsible parties accountable when someone is injured due to unsafe conditions on their property. In New Jersey, these cases are governed by specific laws that aim to provide for the safety of visitors, tenants, and the general public. If you are hurt in a slip and fall, knowing where the liability falls is crucial to recouping compensation for current expenses and those to come, like medical treatment invoices, yielded earning potential, and pain and suffering you have likely experienced. Call the attorneys at Cohen & Riechelson to discuss what occurred in your specific case and find out more about who can be sued after a slip and fall accident in New Jersey.
Why Pinpointing Liability After a Fall is Critical to Secure Compensation
Knowing who is liable for a slip and fall and how is vital as it determines who will respond to your right to compensation for the losses you have incurred and to what extent. If you slip and fall on someone else property, the law would require that you prove the property owner or another party has acted negligently in some capacity. Liability can be spread across several parties, which makes the process of determining fault complex. Identifying all the liable parties will allow you to maximize your ability to recover appropriate compensation. Further, without establishing liability, it becomes much harder to hold the correct people accountable and secure the support you need for your recovery.
If you want to file a successful claim and recover compensation, identifying all parties who may be responsible for your injuries is imperative. Negligence can sometimes be attributed to multiple parties, and failing to include one can harshly cap the compensation you recuperate. A thorough investigation is a pillar of a slip-and-fall case and the key to uncovering supportive evidence of negligence, identifying liable entities or individuals, and carefully constructing a beneficial and profitable case. Whether it involves a property owner, a management company, or a contractor, positioning yourself for a positive outcome leans on pinpointing the source of liability.
Exploring Multiple Parties who can be Liable During a Slip and Fall Investigation
During slip and fall suits, determining who is liable means considering and investigating all the possible parties, each of whom may bear responsibility either wholly or partially, depending on the circumstances of the accident. When trying to figure out who is to blame for this injury class, there are some key places to look first.
Property Owner Accountability for Slip and Fall Accidents
Yes, property owners are going to be one of the parties most likely to be found liable for slip and fall incidents. In New Jersey, individuals, establishments, businesses, and even governmental entities can be responsible for maintaining safe premises and are found guilty of failing to do so. For example, a business owner must keep their store free of slippery surfaces, and a homeowner must ensure their driveway or sidewalks are safe for their visitors.
Property Managers May be Forced to Answer for Slip and Fall Injuries
Property management companies are often hired to maintain and oversee residential and commercial properties. If a property manager is responsible for maintaining a space but fails to fix issues on the property or address known safety hazards, they can be held liable for injuries like slips and falls. Liability can arise if a property manager has noticed the dangerous conditions but chooses to stand by and do nothing to correct them. Say a property management company skips salting their icy walkways or neglects to repair broken stairs; they could be labeled as negligent.
Tenant Responsibility for Slips and Falls
Those who rent a property, whether it’s a residential or commercial one, can be held liable for slip-and-fall accidents occurring within the space they occupy. The lease agreement often determines the tenant’s specific duties for maintaining the actual property. For instance, a retail store tenant would need to ensure their section of the premises is safe for customers. If a visitor slips and falls due to a spill, damaged flooring, or another hazardous element or article of negligence within the tenant’s purview, then the tenant may be held accountable for failing to address the issue, as per the agreement or with promptness and care.
Contractors Duties and Failures that Lead to Falls
In some cases, contractors may also accept responsibility for creating or failing to fix a dangerous condition on a property. For instance, a contractor who performs faulty repairs leaves behind debris in the walkways or creates unsafe conditions due to their construction work can be held liable for any resulting harm. If a construction crew neglected to mark off a hazardous area or failed to clean up the dangerous elements properly, they could be considered negligent and thus responsible for any injuries caused by their actions.
Suing a Landlord for Slip and Fall Injuries
In certain cases, other parties beyond property owners, managers, tenants, and contractors can share liability for a slip and fall accident. Landlords, for one, can be accountable if they fail to maintain safe conditions in common areas such as stairwells, parking lots, or hallways.
Holding Homeowners’ Associations Responsible for Falls in Communal Spaces
Homeowners’ associations are oftentimes responsible for sustaining safe grounds and guidelines within shared or communal spaces in residential neighborhoods.
Parties who may be Responsible for Slips and Falls at Events
Additionally, event organizers who rent out venue spaces or oversee public events have a duty to ensure the safety of attendees. If they fail to take reasonable precautions, they can be held liable for injuries that happen under their supervision.
Each situation can be incredibly unique and investigating all potentially liable parties is imperative towards the outcome of a successful claim.
How Your Own Actions May Affect NJ Slip and Fall Damages
In New Jersey, slip and fall cases are ruled over by comparative negligence laws, which determine how much compensation a victim can recover based on their own level of fault. New Jersey has a modified comparative negligence ruling where an injured party can still recover damages so long as they are not over 50% responsible for the incident itself. Notably, the total compensation is proportioned to the degree of fault.
Let’s say a court determines you were 20% responsible for failing to notice the wet floor sign at the scene of the accident, and the total damages are $10,000; you would recover 80% of that amount, which equates to $8,000.
There are a few factors that can contribute to comparative negligence:
- Ignoring warning signs or very apparent hazards.
- Wearing inappropriate footwear for the present conditions.
- Trespassing on a property where you were not authorized to be in the first place.
However, the defense may attempt to shift blame onto you to try to muddy or undervalue payout calculations. A knowledgeable attorney can help challenge unfair accusations of fault that often arise to help protect the compensation you rightfully deserve.
Let Our New Jersey Firm Assist with Investigating Your Slip and Fall Accident Case to Hold Negligent Parties Accountable
Premises liability claims, including slip and fall cases, can be complicated and tricky to prove, but it can be done. Our experienced personal injury attorneys at Cohen & Riechelson can provide the support and expertise needed to navigate the legal process effectively. With over 5 decades in practice helping clients in Princeton, Trenton, Bordentown, Collingswood, Hopewell, Mount Laurel, Moorestown, Medford, New Brunswick, Edison, Woodbridge, and throughout New Jersey, our personal injury lawyers will play an immensely pivotal part in investigating the accident, gathering the evidence from combing through the surveillance footage and maintenance records, and distinguishing the liable party or parties. We are also familiar with the painstaking process of negotiating with insurance companies, who often want to minimize payouts as much as possible, and we are prepared to fight for you in court if litigation is necessary.
To ensure your case progresses, you must stay in line with New Jersey laws, including deadlines for claim filings and special notice requirements for claims involving government agencies. Individuals can easily get overwhelmed, resulting in the absence of critical details. The outcome can be weakening their case or even halting it entirely and missing out on compensation altogether. With an attorney on our team handling every aspect of your claim, the burden can be lifted off your shoulders. You deserve complete compensation for your pain and suffering and other immense losses due to a slip and fall in New Jersey. Receive a free consultation with a skilled attorney on our team by contacting us at (609) 528-2596 today.
