A trip, slip, and fall case refers to the liability rules governing New Jersey incidents where an individual trips, slips, or falls and suffers harm due to a dangerous condition on someone else’s property. As part of New Jersey personal injury law, these cases are controlled by the basic rules of negligence. Unless the accident occurs on federal government property, New Jersey State law will control. Violations of local building code ordinances can also be relevant and often play a crucial role in establishing liability. Despite the reference to a “Trip, Slip & Fall,” this area of the law covers any accident resulting from an unsafe condition affecting an individual’s footing, whether it produces a stumble, overextension, twist, or other movement. Common Causes of Trip, Slip, and Fall AccidentsDirect causes of these accidents can include: Indirect causes, such as dim lighting or missing handrails, can also contribute to a trip, slip, or fall personal injury matter. The Importance of EvidenceIf you are injured in a trip, slip, or fall accident, it is crucial to photograph the accident site as soon as possible. Pictures of defective steps, walkways, sidewalks, floors, etc., are invaluable to your case. Negligent parties often rush to fix the defect once someone is injured. Having the site inspected and defects documented immediately is essential. Identifying Responsible PartiesAt the beginning of a slip and fall lawsuit, the responsible parties must be identified. Fault is often traced to an individual employee or tenant who caused the hazard, but additional parties, such as property managers, business owners, landlords, or property owners, may also share liability. In most cases, one or more of these parties will have liability insurance covering the property. If the identity of a responsible party cannot be immediately determined, New Jersey allows the plaintiff to name a “John Doe” defendant. Once the responsible party is identified, court documents can be amended to substitute the correct name in place of “John Doe,” allowing the claim to be filed on time. Special Considerations for Public PropertyWhen a trip, slip, and fall accident occurs on public property, the issue of sovereign immunity arises. While the government allows itself to be sued in limited circumstances, extremely strict time limitations apply. If injured on public or government property, contact The Cassidy Law Firm LLC immediately to ensure all deadlines are met. Proving the Defendant is LiableMost trip, slip, and fall cases require the plaintiff to prove that the defendant was negligent. Negligence occurs when the defendant fails to act reasonably under the circumstances. For example, a store clerk is expected to place warning signs in recently mopped areas to alert patrons. Failure to do so could result in the store being liable for negligence. Whether someone acted negligently depends on several factors, including what they knew or reasonably should have known at the time of the accident. The defendant’s knowledge of a dangerous condition is often key to proving liability. Plaintiffs can discover this information through the legal process known as discovery. Gathering Evidence Through DiscoveryDuring discovery, defendants can be compelled to provide: Maintenance records Repair logs Surveillance video Photographs
Plaintiffs can also gather sworn testimony through depositions, interrogatories, and document requests. Subpoenas may be issued to fact witnesses to provide testimony on the record. Deposition testimony is critical in negligence cases, as it helps establish the circumstances of the accident and the degree of fault attributable to the defendant. Understanding Comparative FaultIn New Jersey, defendants often raise the defense of comparative fault. Comparative fault, also known as contributory negligence, holds a party responsible for their share of blame in contributing to the accident. This underscores the importance of contacting an experienced New Jersey personal injury attorney immediately. Victims should avoid speaking with other parties about the incident, as those statements could be used later to prove comparative fault. Contact Our New Jersey Slip & Fall Accident LawyersIf you have been injured in a trip, slip, and fall accident, The Cassidy Law Firm LLC can provide the experienced legal representation you need. Our attorneys are dedicated to helping victims navigate the complexities of personal injury claims and securing the compensation they deserve. Contact us today to schedule a consultation and take the first step toward justice. Cassidy Law Firm, LLC, is based in Shrewsbury and proudly serves clients across Monmouth County and surrounding areas, including Ocean County, Middlesex County, Mercer County, and Somerset County. |