Navigating Slip and Fall Claims: Proving Liability, Negligence, and Fault in New Jersey
Slip-and-fall incidents can have severe consequences, despite the common misconception that they result in only minor injuries. These accidents can lead to significant medical bills and pain that may manifest long after the fall occurs. In such cases, individuals often find themselves with no choice but to pursue personal injury claims against those responsible for their injuries. To succeed in a slip and fall case in New Jersey, you must establish three crucial elements: liability, negligence, and fault.
1. Liability:
To prevail in a slip and fall case, you must demonstrate that the party you hold responsible for your injuries owed you a duty of care and failed to uphold that duty. This party is often the property owner where the incident took place, falling under the legal framework of premises liability.
To prove liability, you need to establish your status as an entrant on the property, as this determines the level of care owed to you. Invitees, who are typically on the premises for business purposes like shopping in a store, receive the highest duty of care. Licensees, on the other hand, are social guests and are owed a lesser duty of care. Trespassers, individuals on the property without consent, are usually owed no duty of care.
The most straightforward way to establish liability in a slip and fall case is by showing that you were on the property as an invitee, requiring the property owner to provide the highest level of care. If the property owner failed to warn or protect you from defects on the property, and this failure resulted in your slip and fall, liability may be established.
2. Negligence:
Negligence in a slip-and-fall case hinges on proving that the property owner breached their duty of care by failing to act reasonably under the circumstances. This determination is often fact-specific, requiring evidence that a specific action or inaction by the property owner was unreasonable in the given situation and contributed to your slip and fall. Importantly, you don’t need to prove that the owner’s actions were intentional, only that they were unreasonable.
3. Fault:
To establish fault, you must demonstrate that the property owner’s specific unreasonable action or inaction both directly caused your slip and fall and led to your resulting injuries. Proving actual causation is relatively straightforward; you need to show that the property owner’s actions or inactions directly led to your fall. Proving proximate cause, or “legal cause,” is more complex. Generally, you must demonstrate that, without the owner’s actions or inactions, your slip and fall would not have occurred. It’s essential to note that you only need to show that the owner’s breach of duty was “a” – not “the” – proximate cause of your injuries. If multiple factors contributed to the accident, it’s sufficient to establish that the owner’s negligence was a “substantial factor” in your injuries.
Contact CourtLaw Injury Lawyers Today for a Free Consultation About Your Rideshare Accident Case
If you or a loved one has suffered injuries due to a slip and fall in New Jersey, don’t let medical bills accumulate while waiting for the responsible party or their insurer to act. Now is the time to enlist the help of a dedicated personal injury attorney who will fight to secure the compensation you deserve. The experienced attorneys at CourtLaw are ready to represent slip and fall victims in various locations throughout New Jersey, including Perth Amboy, East Orange, New Brunswick, Trenton, and more. Contact us to arrange a free consultation. Our offices are conveniently located in multiple cities, ensuring easy access to legal assistance.
Please note that the information provided in this article is for informational purposes only and should not be considered a substitute for legal advice or the establishment of an attorney-client relationship. If you require legal guidance, please contact our law firm directly.
