Posted by: Wiley Lavender on Tuesday, November 12, 2019
If you slip and fall in New Jersey and suffer a personal injury on somebody else's property, you are protected by an area of tort law commonly known as Premises Liability. Firstly, you must be lawfully permitted to be on the premises. Secondly, those premises must be owned and/or maintained by another person. Consequently, the slip and fall can take place inside a building, outside in the parking lot of a building or even on the sidewalk outside of the building.
Premises Liability lawsuits are civil tort lawsuits that seek monetary damages for the personal injuries suffered by individuals. As such, the legal theory of Premises Liability is that the owner and/or the person responsible for keeping the property in safe condition where the injury occurred has a duty to keep those premises is a safe condition.
Persons who enter into a store and go only into those areas of the store that are open to general public are considered to be business invitees of that store. Therefore, the property owner has a duty of care to keep the premises in a safe condition. As a result, a store owner who breaches their duty of care may be held responsible for any damages for physical injuries suffered by lawful business invitees.
Slip and Fall Checklist
- Call for help and report your accident immediately. You can report it to the store management, property owner and to the local police department. Reporting your accident documents the fact that it happened.
- Immediately seek medical attention. Do not refuse to receive medical attention at the accident scene. Do not hesitate to call 911 and be taken to the local hospital.
- Get the names and contact information of each person you speak to at the accident scene. They could end up being witnesses on your behalf in the future.
- Contact an attorney. Under New Jersey law there is a two-year statute of limitations from the date of your accident for filing a lawsuit. You will need an attorney to preserve your rights to bring a lawsuit for damages on your behalf in a timely manner.
- Do not sign any documents provided to you by the store staff and management. Do not sign any documents provided to you by the property owner. Instead refer them to your attorney.
- Do not make any statements that your accident was your fault. Remember it is the duty of the owner and/or occupant of the premises where you were injured to maintain the premises in safe condition.
- Do not make any statements to any insurance company without speaking to your attorney first.
- Do tell the medical professionals that you seek treatment from that you were in a slip and fall accident.
- Do keep records of all of your medical bills and expenses resulting from your accident as they are a part of your damages.
Contact Wiley Lavender, P.C., to meet with our attorneys and discuss your slip and fall in New Jersey.