Slip and Fall Accident Attorney in North Jersey
The law requires property owners and occupants to maintain safe conditions in order to prevent injury to others. Unfortunately, many persons are injured in accidents because defendants/owners/occupiers of property do not always perform what is required or right.
As a consequence, you or a loved one may have been injured in a slip and fall accident as a result of a dangerous and hazardous situation, such as slick flooring, uneven walkways, a failure to properly remove snow and ice, insufficient lighting, or any type of unsafe condition.
Who is considered the defendant?
The responsibility due to the injured person is determined by the defendant (commercial property, residential property, or public entity) and the nature of the negligent situation.
In other words, if you or a loved one has been harmed as a consequence of a negligent property condition, the components required to prove your liability claim will differ depending on whether the property is commercial, private, or public, and the nature of the condition that caused your injury. The claim is unique to the property, regardless of whether it is a catastrophic injury in the form of a spinal cord injury or a minor broken bone.
Various laws and rules apply to various sorts of defendants. A commercial property owner, for example, has a stronger duty of care than a residential property owner.
What are some of the conceivable reasons for being on the property?
The obligations of landowners and occupiers vary based on their status on the land:
To be an Invitee
An invitee is a member of the public who is asked to access land for a purpose for which the land is open to the public. A slip and fall accident for an invitee provides higher grounds for the victim to file a personal injury claim.
To be a Licensee
A licensee is a person who is only permitted to enter the land with the approval of the proprietor. Household members and social visitors of the property owner are examples of licensees.
As a trespasser
A trespasser is someone who accesses someone else’s land without permission or agreement.
As a trespasser with permission
This occurs when the landowner knows or should have known from prior behavior that trespassers routinely infringe on a portion of the land. One example would be if the landowner is aware that trespassers cross the land to access elsewhere, such as a beach or park.
What are my legal rights as an injured person?
Which kind of care will be owed to me?
It will differ based on your position on the property.
If you are an invitee, the landowner is responsible for your injuries if they occur
- He/she was aware of the condition and was aware that it posed an undue risk of harm.
- If he/she anticipated the invitee not notice the problem.
- If he or she fails to take reasonable precautions to safeguard the invitee from the hazard by failing to inspect, maintain, repair, or warn.
The landowner would be responsible to you, as a licensee if
- He/she was aware of the condition and was aware that it posed an undue risk of harm.
- If he/she anticipated the licensee not to notice the situation.
- If he or she fails to take reasonable precautions to make the condition safe or warn.
- If the licensee was unaware of the problem or had no cause to be aware of it.
As a trespasser or intruder
The owner of the land is not responsible for trespassers’ physical harm caused by a failure to take reasonable care. There is no obligation due to guarantee that the land is sufficiently safe for the trespasser’s usage, nor is there a duty to take steps to avoid endangering trespassers.
The obligation imposed on the landowner is to refrain from situations or acts that would inherently cause injury to the trespasser.
Contact the top slip and fall accident attorney in New Jersey
If you or a loved one has been hurt as a consequence of irresponsible property conditions, the last thing you should be concerned about is navigating the legal system.
Contact a reputable and skilled slip and fall accident attorney to fight for your rights. The Jaloudi Law team has the knowledge and experience to assist you. Our consultation is free, and you will not be charged until we win your case.
