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I have sometimes heard or read that a colleague will not handle fall-down cases and the reason given is that they are “too hard” and/or do not generate a large enough payday.  Such a view is unfortunate.  If you’ve been injured in a fall-down accident, you should not necessarily take such a dim view of your chances.

In New Jersey, as in some other jurisdictions, the law may give a plaintiff in a fall-down case some assistance.  This is so because these states have adopted something called the “mode-of-operation” doctrine. The New Jersey Supreme Court has recently explained that where this rule applies, “it substantially alters the ordinary allocation of the burdens between the parties.”  Prioleau v. Kentucky Fried ChickenInc., 225 N.J. 245, 263 (2015).  Specifically, the mode-of-operation rule allows the jury to infer that the defendant was negligent and places the burden on the defendant to show that it was not. Id.

Were you injured in a fall-down accident which happened in a store or mall?  If so, the mode-of-operation rule might apply in your case thereby increasing your chances of a favorable recovery.  I do not shy away from fall-down cases.  That is not to say every fall-down is a great case, of course.  They aren’t easy cases but my law firm will always fight to make sure you are compensated fairly.
– Karim


If you have been injured in a fall or any other kind of accident call us at THE LAW OFFICES OF KARIM ARZADI.

When you contact my office, we will immediately set up a free, confidential appointment where you will meet an attorney who will listen to you and evaluate your case.  I have conveniently located offices in Perth AmboyNew BrunswickJersey CityRoselle and East Orange. We understand traumatic brain injuries, neck injuries, back injuries and other medical problems caused by accidents and the problems that they can cause in your daily life.

Whether you were a shopper in a store, a pedestrian, a bicyclist, or the occupant of car, motorcycle, boat or have been hurt at an amusement park or  injured in any kind of accident, you should immediately call one of the experienced personal injury attorneys at THE LAW OFFICES OF KARIM ARZADI at (732) 442-5900, 21-COURTLAW (212) 687-8529 or 1-800-RITELAW (800-748-3529) toll free. You can even call either number on weekends or after regular business hours.

163 Market Street Perth Amboy, NJ 08861 Map →

103 Bayard Street New Brunswick, NJ 08901 Map →

639-41 St. Georges Avenue Roselle, NJ 07203 Map →

257 Central Avenue E. Orange, NJ 07018 Map →

2322 Kennedy Boulevard Jersey City, NJ 07304 Map →

  1. April 18, 2016

    Good info and right to the point. I am not sure if this is really the best place to ask but do you people have any ideea where to hire some professional writers? Thanks :)
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