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If you have been injured in a New Jersey slip and fall accident, the property owner may be responsible for your injuries. In general, landowners owe a duty of care to all invited guests, regardless of whether the invitation was explicit. New Jersey follows the old Common Law principles when it comes to premises liability cases. Thus, courts will apply different standards depending on the relationship between the guest and the landowner. There are three classifications: trespasser, licensee and invitee.
Trespassers are those who enter another's property without permission. Licensees are legally present on the property for their own benefit. The most common example of a licensee is a social guest. Finally, invitees are present on the property for the property owner's financial gain. Customers, regardless of whether they purchase anything, are considered business invitees. Not surprisingly, property owners owe trespassers the lowest duty and invitees the highest duty, with the duty owed to licensees being in the middle.
Most New Jersey slip and fall cases involve licensees and invitees. A landowner must warn licensees of all known hazardous condition on the property but does not need to inspect to discover unknown hazards. A landowner owes business invitees the duty to keep the premises safe and free of defects and must also repair any dangerous conditions on the property and warn visitors of hidden defects.
After a slip and fall accident, you should immediately seek medical treatment if you are injured. Thereafter, you may be entitled to financial compensation from the property owner, if they (or their third party contractor) are deemed to be at fault for your accident. To successfully bring a case, it is important that you follow certain steps.
1. Seek medical attention – Many of the most common slip and fall injuries do not show up immediately. However, even if your injuries do not initially seem serious, it is crucial that you get checked out by a doctor. Visiting the doctor will not only ensure that you get the care you need, but it will also provide documentation of the accident and your injuries, making it harder for the landowner to argue that your injuries were caused by something else.
2. Report the accident – If you can, it is important to report the accident as soon as possible. This creates a record of the incident that can be helpful later during your personal injury settlement negotiations or at trial.
3. Gather evidence – If possible, take pictures of the area around where you fell. This can provide valuable evidence of the hazardous condition in its unaltered state.
4. Keep a case file – After the accident, create a case file where you put all documents related to the accident, including medical bills, accident reports and any communication from the property owner and their insurance company. You will also want to document any work that you missed as a result of your injuries.
5. Hold onto what you were wearing – Keep the clothing and shoes you were wearing at the time of the accident. Do not wash anything. These items may provide valuable physical evidence of what caused your fall.
6. Be careful who you talk to – After an accident, it is tempting to talk about it with whoever will listen. Be cautious when talking to the property owner and insurance companies and avoid posting comments on social media. Do not admit fault or tell others that you were not paying attention at the time of the accident. These statements can be used against you.
7. Contact an attorney – When you are ready, reach out to an attorney to discuss your claim. New Jersey slip and fall cases are often complex and working with an experienced slip and fall attorney ensures that your claim will be given the attention it deserves.
In New Jersey, courts review slip and fall claims based on the relationship between the parties. When someone enters another's property, they are either a trespasser, licensee or invitee. The level of care a landowner owes to a guest depends on their classification, with trespassers being owed the lowest level of care and invitees owed the highest level of care.
Generally, businesses and individual landowners must ensure that their property is reasonably safe for invited guests. This means taking steps to fix any known hazards, such as:
• Broken tile
• Damaged or cracked sidewalks
• Dangerous stairs
• Defective handrails
• Poorly lit areas
• Ripped carpet
• Snow or ice
• Uneven pavement
• Wet floors
When it comes to business invitees, such as customers, landowners must take the additional step of conducting an inspection of the property to discover unknown hazards.
Proving that a property owner's negligence caused a slip and fall accident can be tricky, especially if there is no physical evidence of the incident. Thus, accident victims can make the process easier by filing an accident report, taking pictures of the scene, and immediately seeking medical attention after the fall.
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