A slip and fall accident case is a common way to protect people in North Jersey who are injured in a public or private place. There are many reasons or potential explanations as to why the area became a dangerous condition in the first place.
Though it may seem as though slip and falls are depicted as schemes for fake injuries, that is not the case. In many instances people become victims to a slip and fall situations due to dangerous conditions. These types of accidents are generally actionable if the injured party can prove that the business or owner of the location where the slip and fall occurred was negligent.
This negligence is generally proven in the following three ways:
- If the owner created the dangerous condition (whether failing to address a floor problem, uneven carpeting, unsafe lighting, cracks in the floor, or a wet area)
- If the owner knew there was a dangerous condition but failed to take steps to eliminate it (wet floor signs, caution signs, extra lighting, etc.)
- If the dangerous condition existed long enough that the owner should have known of its existence
These scenarios are necessary for you to prove when making a claim of negligence against an owner for your slip and fall case. This means that if there was a dangerous condition, you have to show that it was a dangerous condition to begin with, and then you have to prove that the condition was visible long enough that the owner should have been aware of it.
For example, if someone had spilled a beverage on the floor only seconds before you slipped on that same surface, it would be very difficult to prove that the owner was negligent. There must be a reasonable amount of time given for the owner to rectify the dangerous condition. However, if someone spilled a beverage hours before you slipped and no one cleaned it up, that would be a reasonable amount of time for the owner to be aware of the dangerous condition.
In situations where the slip and fall occurred in a private residence, the owner or landlord of the property can be found negligent for your injury in one of the following ways:
- The owner or landlord had control over the dangerous condition
- The owner or landlord had a duty to repair the dangerous condition
- Failing to repair the dangerous condition made it reasonably foreseeable that a slip and fall would likely occur
It is necessary to show the scenarios above in order to hold an owner of a private residence negligent for your slip and fall case. The steps to prove this are similar to the burden of proof for a public place or business.
If you have been injured in a slip and fall and you feel that it was derived specifically from the negligence of the business or property owner of which you slipped, don’t wait to make a claim. The longer you wait, the less likely you will be able to compile the necessary evidence to prove that the owner was negligent.
The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through out attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.