Property Owners and Slip-and-Fall Liability

Property Owners Are Responsible for Maintaining Safe Spaces and Can Be Held Liable for Slip-And-Fall Accidents Caused by Their Negligence in New Jersey

In and around New Jersey office buildings and commercial properties, accidents can happen. While many occur due to a victim’s own fault, there are many cases in which an individual or entity responsible for keeping the space free from physical risks is at fault for the dangerous circumstance that caused the accident. Slip and fall accidents are some of the most common causes of injury. Essentially, New Jersey law provides legal options when slip and fall injuries occur if someone slips, trips, or falls on a public or commercial property due to circumstances that were not their fault. If you have been injured due to a slip and fall caused by dangerous grounds, you may be able to recover financial damages for your injury and related expenses. Contact Chamlin, Uliano, & Walsh to learn about your rights, and read on to be informed about the specifics of liability for slips, trips, and falls in New Jersey.

Property Owners’ Legal Obligations to Ensure Safe Spaces for Visitors

Property owners and, in some cases, managers are responsible for maintaining safe spaces for visitors and customers to traverse. Ensuring the safety of their visitors is the primary responsibility of any commercial property owner or municipality. If a space is not properly maintained or signage does not warn of an area that is out of service and someone is injured as a result, the owner or manager may be held liable and required to pay for damages.

Accountability for City or State Municipalities in Slip-and-Fall Accidents

Liability for slip and fall accidents is not reserved for private businesses and property owners. Municipalities are also on the hook to make sure that public properties are well-maintained and safely operating. If someone injures themselves by tripping on a city sidewalk under which a tree root has grown or slips on an icy ramp in front of a municipal office, they may be able to sue the city for associated damages. This includes medical expenses, out-of-pocket costs, lost wages, long-term disability,  and non-economic damages like pain and suffering. If they can prove liability, the at-fault municipality may be required to pay.

The 4 Steps to Proving Negligence in a NJ Slip and Fall Accident

In order to prove liability when it comes to slip-and-fall accidents involving public or private property owners and managers, the victim must demonstrate negligence. For an owner to be proven negligent, four factors must be shown. First, the property owner in question was responsible for maintaining the safe condition of the space in which the injury accident occurred. Second, they knew of the safety risks, hazards, or dangerous conditions. Third, having an awareness of the safety risk, they did not act to remedy the condition, as was their legal responsibility. Fourth, the victim was injured as a direct result of the owner’s negligence. Only by proving an owner’s negligence will an injury victim be able to seek damages.

New Jersey’s Comparative Negligence and Property Owner Liability

In New Jersey, the legal concept of comparative negligence exists. Comparative negligence means that multiple parties can be deemed responsible for causing an injury accident, including the victim. The amount of financial damages that a property owner is required to pay depends on the percentage of the accident that was directly caused by their negligence. They are only legally responsible for covering damages if their actions or inaction were 51 percent responsible for the injury accident. Additionally, they are only required to pay the percentage of expenses equivalent to the percentage of their responsibility. For example, if a business property owner did not scrape ice off of an exposed sidewalk in front of their shop, but some of the sidewalk was covered in a slip-proof rubber mat that the customer chose not to use, the owner may be rendered 70 percent responsible for the accident and required to pay 70 percent of damages.

Claim Filing Variations for Public and Private Property Slip and Fall Incidents

Both private and public property owners have the responsibility to maintain safe spaces and will be held liable for negligent practices. The process for filing a claim against the two types of owners differs, however. If you suffered an injury accident on public property in New Jersey, for example, you must file a notice of claim within 90 days of the accident and at least six months before filing a lawsuit. On the other hand, when it comes to injuries on private property, one has two years to file a claim. A slip and fall injury attorney on our team will walk you through these nuances.

Our Team Can Help You Determine Liability for a Slip and Fall Accident in New Jersey

Proving liability and making sure that all administrative requirements are met when filing a claim are two important reasons to have a slip and fall lawyer working on your behalf. When you’ve been injured, you want to focus on healing. Let an experienced lawyer on our team gather necessary evidence, such as video footage and witness testimony, as well as file the necessary paperwork. We can also act as a representative when it comes to communicating with the responsible party’s insurance company, who will often try to lure the victim into making a statement proving their own fault.

Our team at Chamlin, Uliano, & Walsh has successfully represented clients in Howell, Long Branch, Neptune, Wall, Holmdel, Red Bank, Toms River, Middletown, and towns throughout Monmouth County, Ocean County, and Southern New Jersey who have been injured in slips, trips, and falls, and other accidents. In fact, our firm has been a trusted member of the community for over 50 years. Contact us today at (732) 440-3950 to schedule a free consultation and learn how we can help you get back on your feet.