When you visit a person’s home or apartment, go to work in an office building, shop in a store, walk through a parking lot or use an elevator or escalator, you have every reason to expect that you will be safe. Unfortunately, property owners and occupiers often fail to inspect their premises, fix hazardous conditions or warn visitors about the risks they face. Their negligence can cause visitors to suffer serious slip and fall accidents.
If you have suffered injuries in a slip-and-fall accident in New Jersey, you may have the right to bring a premises liability claim and recover compensation from the person, company or government that owns or controls the property. This compensation can cover your medical bills, lost income, pain, suffering and more. The experienced personal injury lawyers of Davis, Saperstein & Salomon, P.C., have more than 30 years of experience with helping slip and fall injury victims and their families throughout New Jersey. We know what it takes to pursue full and fair compensation for those who suffer harm due to the negligence of property owners and occupiers. We want to help you, too.
Contact us today to discuss your case in a free, no-obligation consultation.
What Should You Do After a Slip and Fall in New Jersey?
In order to protect your right to a full and fair recovery, the lawyers of Davis, Saperstein & Salomon, P.C., encourage you to take these seven steps:
1. Get medical treatment without delay. A doctor’s examination will document that you suffered injuries due to a slip and fall. Make sure to follow your doctor’s treatment orders.
2. Report your slip and fall. Fill out an accident report form or give some other form of notice to the owner and/or occupier of the property. If the business or a police officer completes an accident report, request a copy.
3. Take photos of the accident site and your injuries. If possible, take photos at the scene of the slip and fall. You should also take photos of any injuries you have suffered.
4. Maintain a case file. Keep copies of all of your medical bills and other slip and fall-related expenses. You should also keep copies of any letters that you receive from insurance companies.
5. Keep the clothes and shoes you wore on the day of the fall. Do not wash or clean what you were wearing at the time of the slip and fall. Those clothing items will serve as evidence in your claim.
6. Do not give a statement to the insurance company. You should decline to give a recorded statement to the property owner’s insurance company or sign any documents until you speak with a lawyer first.
7. Stay away from social media. Never discuss your slip and fall on Facebook, Twitter, Instagram or other social media sites. Because insurance companies may try to use anything you post on social media against you, be careful about your activity on those sites until your case is resolved.
Your most important step will be to contact a slip and fall attorney. At Davis, Saperstein & Salomon, P.C., we will provide a free consultation. When we meet, we can review what happened to you, answer all of your questions and help you to understand your legal rights and options.
Our Experience with Premises Liability Cases
A slip and fall is a type of premises liability case. Premises liability is an area of the law that requires negligent property owners and occupiers to pay for the injuries and losses which visitors suffer on their property. The lawyers of Davis, Saperstein & Salomon, P.C., have extensive experience with premises liability claims. Our results include:
for two boys disfigured by burns due to improper maintenance of apartment.
for a young girl who suffered a severe foot injury and complications due to an improperly maintained department store escalator.
for a man who lost both of his legs below the knees after falling through a hole in an improperly maintained subway platform.
The cases listed here are not a guarantee that if you have a similar premises liability claim, you will get a similar verdict or settlement. Results vary depending on the particular facts and legal circumstances in a case. Please contact us to discuss the specific facts and circumstances in your case.
How Can Our New Jersey Lawyers Help You?
As your case moves forward, a slip and fall lawyer at Davis, Saperstein & Salomon, P.C., will provide a wide range of valuable services to you.
For instance, you can expect us to:
- Fully investigate your slip and fall. We will inspect where your slip and fall occurred, gather photos and surveillance camera footage, interview witnesses, review your medical records and more.
- Talk with experts. We may consult with knowledgeable accident reconstruction experts, medical experts, and others in order to determine why your slip and fall occurred and how your injuries have impacted your ability to work and enjoy life.
- Prepare your claim. We will submit a claim with the property owner’s insurance company and, if necessary, file a lawsuit in the proper New Jersey court.
- Seek a full and fair settlement. We resolve many slip and fall cases through negotiated settlements. Our goal will be to ensure that any settlement offer fully and fairly compensates you.
- Take your case to court. Unfortunately, property owners and occupiers may contest liability or challenge the amount of damages that you are seeking. Our highly skilled trial lawyers will be ready to present a strong case for you in the courtroom.
Generally speaking, you have two years from the date of an accident in which to file a personal injury claim in New Jersey.
If your fall occurred in an office of the New Jersey state government, a county government office or a municipal office, your claim is subject to the New Jersey Tort Claims Act, which means that you must give notice of the accident and file a claim on certain special forms within 90 days of the accident.
If your injury happened on property owned or operated by the Port Authority of New York or New Jersey, you must file a lawsuit within one year after the accident. Also, the Port Authority has its own tort claims notice requirement on forms as well.
So, don’t wait to get in touch with Davis, Saperstein & Salomon, P.C., about your slip and fall. Contact us today for a free consultation. We will charge you no legal fees unless we secure a recovery for you.
What Slip and Fall Accident Cases Do Our Attorneys Handle?
As attorneys who have served New Jersey since 1981, we have seen a wide range of slip and fall accidents involving property owners who failed to address a hazard on their property or to give a proper warning to visitors about the slip and fall risks they faced.
We assist clients in slip, trip and fall cases involving:
Snow and ice – Many property owners and occupiers fail to remove snow and ice from sidewalks, parking lots and stairs within “a reasonable amount of time” or within the time period set by a local ordinance.
Slippery floors – Snow and ice can melt and puddle inside of a doorway, creating a hazard. Floors also become dangerously slick after they are mopped.
Spills – Merchandise in stores, including liquid items, can fall from shelves and produce slippery spots in aisles. Store owners (and their employees) should clean spills in a timely manner.
Clutter – Merchandise, equipment, tools, and debris left in the aisle of a store, on a sidewalk or on a walkway can create a tripping hazard.
Uneven surfaces – Loose or damaged tiles, floorboards, carpet or mats can cause a person to trip. Scaffolding, railings and ramps can also be unsafe due to uneven or unsteady surfaces.
Open holes – Holes in parking lots or elsewhere in the landscape are dangerous, especially if they are hidden by snow, leaves or tall grass or if they are not marked by fencing, cones or signs.
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.
Contact us today to discuss the specific hazard or hazards involved in your slip and fall.
What Are the Elements of a Slip and Fall Claim in New Jersey?
To prevail in a New Jersey slip and fall claim, you must establish that the property owner or person responsible for the premises where your accident occurred should be held liable for your injuries.
In a slip and fall lawsuit you must show that:
- A dangerous property condition existed.
- The property owner/occupier knew or reasonably should have known that the dangerous condition existed.
- The owner/occupier had a reasonable time to address the dangerous condition or warn visitors about foreseeable risks but failed to do so.
- As a result of this negligence, you suffered injuries such as a hip fracture, spinal cord injury or traumatic brain injury.
Generally, business owners in New Jersey have a higher responsibility for ensuring their properties are hazard-free. This is 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.
If you are considering a slip-and-fall accident claim, you should also 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 from it, the property owner cannot be held liable for any injuries caused by the hazard.
At Davis, Saperstein & Salomon, P.C., we will know how to gather and present evidence that establishes the elements of your slip and fall claim. We will work tirelessly to hold the negligent property owner or occupier accountable for the harm you have suffered.
Compensation Can You Recover for Your Slip and Fall Injuries
Whether it is through a slip and fall settlement or verdict, the attorneys of Davis, Saperstein & Salomon, P.C., will pursue full and fair compensation for your injuries and losses, including:
- Past and future medical expenses
- Lost income and diminished future earning capacity
- Pain and suffering
- Loss of consortium (harm to the marital relationship caused by the accident)
- Wrongful death damages (if you lost a loved one in a slip and fall)
- Punitive damages (where appropriate).
A property owner or occupier may claim that your own negligence contributed to your slip and fall injuries. Under New Jersey’s comparative negligence law, your compensation can be reduced according to the percentage of fault assigned to you, and you could be barred from recovering anything if your fault exceeds that of the property owner or occupier.
Our law firm knows how insurance companies operate. You can count on us to vigorously challenge an insurance company’s efforts to put undeserved blame on you for your injuries in a slip and fall.
Did Your Slip and Fall Occur on the Job in New Jersey?
If you were hurt in a slip and fall at work, you may be eligible to file a claim for New Jersey workers’ compensation benefits, including benefits that cover your medical expenses and cover a portion of the wages you lose due to your injuries.
Although you do not need to prove negligence in order to receive these benefits, workers’ compensation claims can still present many challenges. If you encounter any problems with your workers’ comp claim, the lawyers of Davis, Saperstein & Salomon, P.C., will assist you.
Additionally, our attorneys can help you to explore all other options that may be available to you such as pursuing a third-party liability claim against a non-employer whose negligence caused your slip and fall.
Get Help from a New Jersey Slip and Fall Lawyer Today
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 as soon as possible to discuss how we can assist you.