What To Do After Slipping and Falling on Someone Else’s Property
First, you should notify the property or business owner of your accident. Ask for a copy of the incident report they take. Next, seek medical attention and follow your doctor’s treatment plan or recovery instructions. Do not ignore any treatment or rehab that your doctor prescribes or recommends. Remember to obtain copies of your medical records from any treatment you receive.
Keep the clothes that you were wearing at the time of the accident. Do not wash or clean them, as these could serve as evidence in your claim.
Keep any bills, invoices, or receipts of expenses you incur due to your injuries, including medical care or replacement of personal property damaged in the fall. Gather copies of your pay stubs or income records if you need to miss time from work or transfer to a part-time or lower-paying, light-duty position due to the injuries you suffered in the accident.
Avoid giving a statement to the property owner’s insurance company or signing any documents. Speak to an attorney first.
Finally, avoid social media. Anything you post on them, especially posts about the accident, could potentially be used against you.
Money Damages Available in Princeton Slip and Fall Cases
If you’ve been hurt in a slip and fall because of someone else’s negligence, you can pursue financial recovery for losses like your:
- Medical treatment and rehabilitation, including emergency care, hospitalization, surgeries, pain medications, orthopedic equipment purchases, and physical therapy
- Long-term care or support services for prolonged or permanent disabilities due to your accident injuries
- Lost wages/income from missed work or reduced earnings in a part-time/light-duty position required by your medical restrictions
- Lost future earning capacity and job benefits if you become permanently disabled from your current occupation
- Physical pain and anguish
- Emotional trauma and distress
- Lost enjoyment or quality of life caused by permanent disability or disfigurement/scarring
How To Prove Negligence in a Slip and Fall Case
A business or property owner may bear responsibility for a visitor’s slip and fall if it was caused by a hazardous property condition that the owner negligently created or allowed to persist. However, business and property owners often vigorously contest liability for a visitor’s slip-and-fall accident. They may argue that they had no knowledge of the hazard that caused the slip and fall, deny that any hazard existed, or contend that the slip and fall victim failed to exercise caution. To prove a property or business owner’s liability for your injuries after a slip and fall, you may need evidence such as:
- A business’s incident report
- Surveillance footage of your fall or the area surrounding your fall
- Eyewitness testimony
- Accident scene photos/videos, including photos of whatever caused you to slip, ambient conditions, any warning signs, and any visible injuries you suffered
- Weather records showing the day was rainy or snowy
- Maintenance/repair records or reports
- A business’s written maintenance policies
- Accident reconstruction/engineering expert reports and testimony
Deadline to File a Slip and Fall Claim – The Statute of Limitations
Under New Jersey’s statute of limitations on personal injury claims, you likely have two years after a slip and fall accident to file a lawsuit against a negligent property or business owner. That said, you should talk to a slip and fall attorney as soon as possible after an accident to ensure you file a timely claim. If you file your slip and fall lawsuit after the limitations period expires, the court will likely dismiss it as untimely filed, likely costing you your right to compensation.
Furthermore, if you slip and fall on local or state government property, New Jersey’s Tort Claims Act requires you to provide written notice of your slip and fall claim to the appropriate government department within 90 days of the accident. This short deadline makes it critical to seek legal representation promptly after a slip-and-fall accident.
Talk to Our Experienced Slip and Fall Lawyers Today
If you’ve been hurt in a slip-and-fall accident on someone else’s property, you deserve to hold the negligent property owner or business accountable for your injuries. Contact Davis, Saperstein & Salomon, P.C., today for a free, no-obligation case evaluation to learn more about your legal options for financial recovery with a knowledgeable Princeton slip and fall attorney.