Navigating Slip and Fall Claims: Proving Liability, Negligence, and Fault in New Jersey
Mishaps like slip and fall may appear insignificant. However, such accidents may cause severe internal health problems. Besides medical costs, some legalities may add more to your stress. CourtLaw Injury Lawyers is here to strengthen your personal injury claim in New Jersey, US!
For a slip and fall case to be successful, it is crucial to comprehend how to prove liability, negligence, and fault in NJ. Our experts are at your service to categorize these essential components and give you the confidence to handle legal actions.
What are the Premises of Liability in New Jersey?
Premises liability is the cornerstone of each slip-and-fall case. According to legal concepts, property owners are responsible for keeping their properties secure.
You must demonstrate that a property owner owes you a duty of care and that they breached it to hold them legally responsible for your injuries.
How to Assess Your Legal Status in New Jersey?
In New Jersey, your status as a visitor determines the duty of care you are entitled to:
- Invitee
An Invitee is an individual on the property for business, such as customers at a store. They deserve the highest degree of security.
- Licensee
A licensee refers to a social guest. You can look after a licensee with a moderate degree of care.
- Trespasser
A trespasser is a person who steps into a property without any authorization or permission.
The property owner may be held answerable if you were there as an invitee and the owner:
- Failed to provide ample security
- Inform you about any unsafe conditions
Establishing Negligence: Was the Property Owner Careless?
Carelessness is the next crucial component in your slip-and-fall case. To prove that the property owner violated their responsibility, it is necessary to show that they were unreasonable in the given situation.
What Does ‘Unreasonable’ Mean?
The court will assess:
- Whether the unsafe circumstances were known or if the property owner was informed about those risks.
- If there were prominent warning signs or any attempt to reverse or mend the risks.
- How long did the danger exist before the slip or fall occurred.
The property owner is not obliged to act intentionally to commit negligence. His inattention is enough to prove that you were a victim of the incident.
Connecting Actions to Injuries: How to Establish Fault?
If liability and negligence are proved, you must demonstrate fault—the property owner’s failure directly caused your damage.
Actual and Proximate Cause
You need to comprehend two different types of causation:
- Actual Cause
You have to prove that your fall was directly caused by the owner’s negligence, such as slipping on an unnoticed wet floor.
- Proximate Cause
You must demonstrate that the property owner’s conduct or inaction caused your predictable injury by slip and fall. It must not have to be the only reason; it can be a mere contributing component.
New Jersey law permits shared fault. This means that if the property owner’s negligence was a major contributing factor in the mishap, he/she may still be held liable even in the presence of indirect contributing aspects.
Why Should You Hire a Skilled Personal Injury Lawyer?
You need in-depth legal expertise and careful research in a slip-and-fall case for establishing:
- Liability
- Negligence
- Fault
Insurance companies and property owners may try to shift blame or reject your claim altogether. Therefore, working with a skilled slip-and-fall lawyer is essential to get you the deserving compensation.
CourtLaw Injury Lawyers: Advocating You in Slip and Fall Claims
CourtLaw Injury Lawyers know how dangerous slip and fall incidents can be. Our expert legal staff is dedicated to defending your rights and helping you receive maximum compensation. We are honored to serve our clients in NJ, including:
- Perth Amboy
- East Orange
- New Brunswick
- Trenton, and more.
Stop worrying about ascending medical costs and lost income. Call us now for a free consultation. Let us handle your slip-and-fall claim with the commitment and expertise you deserve!