As we continue to navigate difficult winter weather conditions in New Jersey, the
Ice and snow are among the leading causes of slip and fall accidents. For instance, ice or “black ice” is one of the most dangerous winter weather conditions, as it is often undetectable with the naked eye and can completely cover the surfaces of sidewalks, parking lots, walkways, etc. If you slip and fall, sustaining an injury, there are a host of critical questions that will determine the legal avenues available to you, including: was the accident foreseeable, could the injury have been prevented, was the site of the injury a residential or commercial property, and was the party responsible for ensuring the safety of those on the property conforming to a standard of care?
First and foremost, the law regarding slip and fall incidents on commercial versus residential properties is extremely different with regard to the owner’s potential liability and responsibility for taking safety precautions. First, a residential property owner (i.e. the owner of a private residence) is typically not responsible for removing snow or ice or notifying others of the danger of such conditions, under what is often termed the “Natural Accumulation Rule.” On the other hand, a commercial property owner has a legal duty to ensure safe conditions for patrons, whether that involves salting, ice melting, snow plowing, or similar means. This duty to use “reasonable care” requires a business owner to undertake the necessary steps of a “reasonably prudent” person when addressing winter weather conditions on his or her property. Failure to do so can expose a commercial property owner to a personal injury lawsuit if someone is injured as a result of his or her negligence.
Some of the most common injuries resulting from slip and fall accidents involving ice and snow include concussions, fractures, and herniated discs, which may require immediate medical treatment as well as prolonged rehabilitative care. Having an experienced attorney on your side to conduct an investigation of the circumstances that preceded your injury can be integral to formulating a successful claim when seeking compensation for your injuries.
The personal injury team at Chamlin, Uliano & Walsh will thoroughly evaluate the collateral issues of your case, such as the weather conditions immediately before and during the event, photographs of the site of the incident, and a medical assessment of your injuries. Having represented countless clients in cases of this kind, our lawyers will assess your case from every angle in order to ensure that if there is a party to be held liable, we will aggressively pursue the compensation that you deserve.
For additional information, contact the law offices of Chamlin, Uliano & Walsh at 732-440-3950 or toll-free at 888-328-9131.
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