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New Jersey Slip and Fall Lawyers

New Jersey slip and fall injury victims can file claims for any damage incurred.

When you visit a person’s home or apartment, shop in a mall or a particular store, walk through a parking lot or use a building’s elevator or escalator, you don’t expect to slip and fall and be injured. Property owners have a legal obligation to take care that you do not confront unreasonable hazards that could cause slip and fall accidents. If a hazard exists, they are to provide adequate warning.

For instance, in winter, property owners are required to remove ice and snow from walkways so visitors do not slip and fall. Many cities and towns have local ordinances governing removal of snow and ice from sidewalks adjacent to private property in a timely manner. Private companies that solicit visitors such as stores and other businesses, and which cater to special populations such as nursing homes, have a heightened duty to those who might slip and fall on their premises.

Unfortunately, property owners and occupants often fail to make reasonable inspections of their premises, fix hazardous conditions or warn visitors about risks. As a result, slip and fall victims may be left with steep medical expenses, lost income, physical pain and emotional suffering.

The lawyers of Davis, Saperstein & Salomon, P.C., have used their skills, experience and resources for more than 30 years to protect the rights of slip and fall accident victims in New Jersey. We help them to seek the compensation they deserve. If you or a loved one has been hurt in a slip and fall accident, contact us today for a free consultation.

Injuries from Slip and Fall Accidents

Falling down in a slip and fall accident can result in serious harm. The Centers for Disease Control and Prevention (CDC) reports that falls can cause moderate to severe injuries, including:

  • Fractures – Someone who falls will instinctively reach out to catch themselves. This can lead to a broken wrist or one or more broken bones in the hands. Depending on how far you fall and how you land, you could break an arm or leg. Hip fractures are especially common – and especially devastating – among the elderly who fall. More than 95 percent of hip fractures are caused by falling, the CDC reports. One out of five hip fracture patients dies within a year of their injury.
  • Shoulder injuries – Catching yourself as you fall can also cause a shoulder dislocation or an injury known as a “brachial plexus injury.” The brachial plexus is a network of nerves connecting your spinal cord to your shoulder, arm and hand. These nerves can be torn or stretched by a violent blow. A brachial plexus injury can be painful and limit movement in the shoulder and arm.
  • Head injuries – If you hit your head when you fall, you could suffer anything from a mild-to-severe concussion to a serious and long-lasting traumatic brain injury (TBI). Falls are the most common cause of TBI, according to the CDC. A TBI can cause memory lapses, mood changes, cognitive impairment, fatigue and other serious health problems. The most catastrophic TBI cases lead to degenerative brain disease and premature death.
  • Back and spine injuries – Landing “wrong” in a fall can cause slipped or herniated discs, vertebrae damage or other issues. Back injuries can be painful and difficult to treat. Chronic back pain is one of the most common complaints from accidental injuries or strain. In more serious cases, a fall can cause damage to the spinal cord, which may result in paralysis.

Elderly people are at an increased risk of falling and being severely injured. The CDC reports that falls are the leading cause of fatal and non-fatal injuries among adults age 65 and older, and one out of three older adults falls each year. Most fractures among older adults are caused by falls. The most common are fractures of the spine, hip, forearm, leg, ankle, pelvis, upper arm and hand.

Why Do Slip And Fall Accidents Happen?

Slip and fall and trip and fall accidents typically occur because of a hazard that has not be cleaned up or repaired such as a spill or a pothole. In most cases, this is due to the negligence of the property owner.

Property owners in New Jersey have a duty to maintain their property in a reasonably safe condition. This includes the responsibility of promptly removing hazards such as ice and snow or adequately warning potential visitors that a hazard exists. The requirement to remove or mitigate a hazard is tempered by provisions of the law that give the property owner “a reasonable amount of time” to eliminate the hazard. In many cities and towns, local ordinances specify how long a property owner has after a snowfall or ice storm to clear their sidewalks, parking lots and other areas.

Other typical slip-and-fall hazards include:

  • Slippery floors – This includes tracked-in snow and ice that melts and puddles inside doorways at stores, office buildings or lobbies. Some businesses, like garages, work with oil and other substances that cause slippery floors when spilled.
  • Spills – Merchandise in stores that falls from shelves can cause slippery spots if liquids spill.
  • Clutter – Merchandise, equipment, tools and debris left in the aisle of a store on a sidewalk or in the path of another walkway creates a tripping hazard.
  • Uneven surfaces – Loose or damaged tiles, floorboards, carpet or mats can cause a person to trip. Scaffolding, railings and ramps can be unsafe due to uneven or unsteady surfaces and should not be open to the general public.
  • Open holes – Potholes in parking lots or elsewhere in the landscape that are left open and not identified by fencing, cones or other signage scan be obscured by snow, darkness or even tall grass and create a hazard.
  • Insufficient lighting – Poor lighting in corridors, stairwells and parking garages can obscure obstacles. Insufficient lighting can be a greater hazard as nights grow longer in winter.

Establishing a Slip And Fall Accident Claim

After being injured in a slip and fall accident, you may be able to seek compensation for the costs of your medical bills, lost wages, emotional distress, pain and suffering and other damages. The burden is on you, the injury victim (or surviving family members), to prove that the property owner or person responsible for the premises should be held liable for injury.

In general, a slip-and-fall accident claim must show:

  • A dangerous property condition existed.
  • The property owner knew or reasonably should have known that the dangerous condition existed.
  • The owner had a reasonable time to address the dangerous condition or warn visitors about foreseeable risks but failed to do so.
  • As the result of this negligence, you suffered injury such as a hip fracture, spinal cord injury or traumatic brain injury.

Business owners have a higher responsibility for ensuring their properties are hazard-free because they solicit visitors. Also, under New Jersey law, business owners have a specific legal obligation to remove snow and ice under the state’s “natural accumulation” rule.

A person considering a slip-and-fall accident claim should be aware of what is known as the “open and obvious” defense. In other words, if any reasonable person would have recognized the danger and stayed away, a property owner should not be held liable caused by the hazard.

Another important rule that apples to New Jersey slip and fall accident claims is the state’s statute of limitations. It requires personal injury lawsuits to be filed within two years of the injury. Because slip and fall accident cases are usually complex undertakings, it is good to have an attorney review your potential claim as soon as you are able to do so.

Contact Our New Jersey Slip and Fall Accident Attorneys

If you are a slip and fall accident victim, you may suffer injuries that can range in severity from a minor strain or sprain to a severe fracture, back, spinal cord, head or brain injury. In addition to dealing with high medical bills, you may be out of work for an extended period of time. The slip and fall accident could end up harming your family in addition to yourself.

The slip and fall lawyers of Davis, Saperstein & Salomon, P.C., have decades of experience representing people hurt in slip and fall accidents in New Jersey. We will work aggressively to secure the compensation you deserve.

If you or a loved one has been injured in a slip and fall accident caused by someone else’s negligence, contact us today for a free initial consultation at 800- LAW-2000 or by using our online contact form.

Sources / More Information

Davis, Saperstein & Salomon, P.C.

1 Meadowlands Plaza #200
East Rutherford, NJ 07073
Phone: 201-907-5000

Davis, Saperstein & Salomon, P.C.

800 Inman Avenue
Colonia, New Jersey 07067
Phone: 732-510-1000

Davis, Saperstein & Salomon, P.C.

39 Broadway, Suite 520
New York, New York 10006
Phone: 212-608-1917

Davis, Saperstein & Salomon, P.C.

100 Federal City Rd. C104
Lawrenceville, New Jersey 08648
Phone: 1-800-LAW-2000

Davis, Saperstein & Salomon, P.C.

50 Tice Blvd., Suite 340
Woodcliff Lake, New Jersey 07677
Phone: 201-799-2369

Davis, Saperstein & Salomon, P.C.

One Gateway Center, Suite 2600
Newark, New Jersey 07102
Phone: 973-854-1000

Davis, Saperstein & Salomon, P.C.

Harborside Financial Center 2500 Plaza 5, 25th Floor
Jersey City, New Jersey 07311
Phone: 201-253-1023

Davis, Saperstein & Salomon, P.C.

33 Wood Avenue South, Suite 600
Iselin, New Jersey 08830
Phone: 732-379-5775

Davis, Saperstein & Salomon, P.C.

4400 Route 9 South, Suite 1000
Freehold, New Jersey 07728
Phone: 732-252-1158

Davis, Saperstein & Salomon, P.C.

1200 Route 22 East, Suite 2000
Bridgewater, New Jersey 08807
Phone: 201-907-5000

Davis, Saperstein & Salomon, P.C.

375 Cedar Lane
Teaneck, New Jersey 07666
Phone: 201-907-5000
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