Slip and falls can happen anywhere. In New Jersey, victims of slip and fall accidents are responsible for proving that the property owner was negligent and their actions caused you to become injured. The burden of proof is very difficult when you are trying to recover for your injuries.
As a pedestrian using a sidewalk in New Jersey, we presume that we will not be injured by simply walking down the street. If a sidewalk is damaged and not repaired, a pedestrian can easily become seriously injured. Sidewalk accidents often occur because of debris left for pedestrians to slip or trip over. If you made the choice to walk on sidewalks during a specific time period allotted to property owners for clean up, you may not be able to hold them accountable. For example, if there was an ice storm and you chose to walk down the sidewalk in the middle of the storm, you took that risk and the property owner will most likely not be accountable. However, if a few days have passed and the property owner has not removed ice or snow, you may have a valid case. When the sidewalk you were injured on is owned by a municipality, you may need to file a notice of claim within 90 days of the accident, telling the town that you will take legal action.
Parking Lot Accidents
Many New Jersey residents walk through a parking lot every day and think nothing of it. However, when a parking lot is not properly maintained by the owner, passersby may be put in danger. Anyone walking across a parking lot is susceptible to the dangers that lie within. If the property owner fails to maintain the safety of the parking lot from snow and ice, loose debris, potholes, or other dangerous conditions, a person walking may slip or trip and fall. The injured person will be required to prove that the property owner was negligent.
Snow & Ice Accidents
Snow and ice accidents are arguably the most common cause of slip and fall accidents during New Jersey's long winters. After a slip and fall accident, an injured person may be facing multiple surgeries, lengthy rehabilitation, time out of work, and loss of quality of life. Each town provides a different allotment of time for the clean up after the storm. If you are injured because you risked walking in that time, you may not be able to bring a lawsuit against the owner. However, it is still worth speaking to an experienced personal injury attorney.
The last thing most people think of when they think of grocery shopping is the danger that lies in the store. However, every year, thousands of people are injured in supermarkets across the country. When there is a spill, a poorly stocked shelf, or loose produce that has been left unattended by store workers, shoppers can become seriously injured. If the store failed to resolve dangerous conditions which caused you to become injured, you may be able to bring a lawsuit against them. Remember, make sure you inform the store management that you were injured before leaving the store. You will have the burden of proof in showing that the supermarket was negligent in keeping their store safe.
Personal injury cases that involve municipalities are often some of the most complex. The added layer of complication in bringing a personal injury case against a municipality is that you must submit a Notice of Claim within 90 days from the date of your accident. If you fail to do so, you may not be able to bring a lawsuit for your injuries, which may mean missing out on valuable compensation.
Proving Your Slip and Fall Case
Anyone who intends to bring an injury lawsuit against a negligent party is subject to the burden of proof. This means that you will have to provide evidence that will show that the property owner failed to maintain a safe property. If you can prove that the owner knew or should have reasonably known that there was a dangerous condition on their property, you may have a successful case. Be sure to file as soon as possible because if you fail to file within 2 years from the date of the accident, you may lose your opportunity to bring a lawsuit.