Falls account for over 8 million hospital emergency room visits, which is the leading cause of trips to the emergency doctor (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls. Getting hurt, specifically in one’s property such as a home or a grocery store can result in a very big case.
Premises liability and slip and fall cases can occur at any time. Learn more on how to handle these situations:
What is Considered a Slip and Fall Case?
Similar to most states, New Jersey’s slip and fall cases include any occasion where someone is injured as a result of unsafe property or building conditions. Landowners and property managers have a duty to keep their premises safe, and overlooking this duty can encourage a lawsuit against him or her.
The land owner’s responsibilities vary depending on each type of entrant. The landowner owes less of a duty to protect the trespasser than other types of entrants. The land owner’s duty is highest for business matters or business invitees.
The Slip and Fall Statute of Limitations
A statute of limitations is a law that puts a time frame regarding your right to have a lawsuit heard in the state’s court system. If you file your slip and fall claim once the deadline has passed, the property owner will be able to bring this to the court’s attention. This will most likely cause your case to be dismissed.
Specifically, New Jersey Statutes section 2A:14-2 states: “Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued.”
In other words, your slip and fall claim may be filed against the property owner within two years of the incident. It is important that if you wish to file a claim, that you give yourself enough time to go through the process, and even handle potential settlement talks. This means that you need to get started quickly.
In addition, in certain instances, if governmental entities or employees of governmental entities are involved, there may be certain notice requirements that must be met before suit can be filed. This means that you have much less time within which to pursue your claim.
Comparative Negligence
Making a personal injury claim against the property owner that is responsible for your slip and fall in New Jersey is not simple. You should be prepared to hear the other side of the argument, claiming that you had a partial responsibility to be more cautious in preventing the injury.
Here are a few arguments that may arise:
● The hazardous property condition was obvious and should have not been overlooked.
● The dangerous area was surrounded and warned through signs and cones.
● You were not paying attention while walking.
● Your footwear was inappropriate under the circumstances.
● There was no prior notice to the landowner of the unsafe conditions.
It is important that you have solid proof when it comes to your slip and fall case. Finding the answers to the above arguments above are a great start. Your personal injury lawyer will be able to help you respond to all these questions in the best way, in order to maximize gains and eventually win the case.
Here at Dezao Law, we have a team of legal experts who can help you with your personal injury case in New Jersey. Contact us for a free consultation. Your win is our win.