Slip and Fall Injury Lawyer Trenton

One of the most common forms of a personal injury case is the slip and fall lawsuit. These forms of accidents are responsible for nearly 1 million emergency room visits every year and are the leading cause of occupational injuries. When a business opens its doors to the public, it has a duty of responsibility to ensure the facility is safe. This means that owners and employees are required by law to promptly clean up spills and address any hazardous conditions that may pose for injury. Unfortunately, these businesses do not always follow proper safety protocols – resulting in slip and fall accidents.

Slip and fall accidents generally lead to costly medical expenses and time away from work. To receive the compensation that you deserve, injured individuals need an experienced and knowledgeable personal injury lawyer.

If you or a loved one were injured due to a Slip and Fall, some important and rather unique laws in New Jersey would dictate whether or not you can bring a claim. Contrary to common perception, just because you are injured on someone else’s property does not mean that you have an unfettered right to make a claim. Before a claim can be made, you must prove that the owner either knew or should have known that the condition was there in the first place. This holds regardless of what condition is in question. Nevertheless, the nature of the condition could prove a useful piece of evidence in determining whether the owner knew – or should have known – the condition preexisted the fall.

Trenton Lawyer for Slip and Fall Injury

• Actual Notice

Actual notice is proof that the property owner was aware the condition existed, failed to correct the same, or else warned if the condition was not correctable. This isn’t easy to prove unless the owners themselves created the condition. For example, a spill in a supermarket or product that fell to the floor and caused someone to trip is generally a transient condition, and for that reason, it isn’t easy to prove that the store knew there and failed to clean it up.

• Constructive Notice

The constructive notice concerns itself with what the defendant ought to have known rather than what they learned. For example, the store in the example above needs to have procedures in place to inspect its property to identify tripping and slipping hazards. If the store has no set procedure or is inadequate for hazard prevention, then an argument can be made that they should have known about the condition. Also, the nature of the condition which caused the Slip and fall can be essential.

For example, soda that spills and then becomes sticky and hard from being on the floor for too long is evidence that the defendant was not working with properly set inspection procedures. This, in turn, could result in their liability to you or your loved one.

If you or a loved one were injured as a result of a slip and fall or trip and fall, call The Law Office of Greg Prosmushkin, P.C. Our Personal Injury Lawyers and staff will assist you with your claim and help you obtain the best overall settlement or verdict possible. Not sure if you have a claim? Call the office for a free consultation.

In addition to the proof issues that accompany the slip and fall case, the type of property in New Jersey is also crucial to a successful claim.

• Private Property Liability

A home is private property. In New Jersey, the owners of a home have no responsibility to you as a passerby if you Slip and Fall on ice or trip over something on the homeowner’s property unless the homeowner affirmatively undertook to repair or improve their property and did so in a negligent manner. This claim works for you if you’re hurt. However, normal conditions not created by the homeowner will fail, as the homeowner generally is not responsible for conditions on their land but the exception stated above.

• Non-Private Property/Commercial Property

Businesses, commercial property owners, and Tenants do not share the same immunity from suit as private homeowners or property owners, who are not commercial owners. Under this property class, you retain all your rights to sue and for common law principles, such as negligence.

What can you do to win a Slip and Fall injury claim?

To win the Slip and fall injury claim, you need to establish the liability. You need to prove that the other person was liable for your injuries and you were not involved. You will need to prove that the property owner was negligent and aware of the unsafe condition. This is required in both the conditions when you are filing a personal injury lawsuit or dealing with an insurance company. Proving liability is necessary in both cases. You can take the help of Slip and Fall Lawyers NJ to determine and prove the property owner’s liability.

At times, the insurance companies may argue that you were partially responsible for your injuries. If you were held partially responsible, your claim would be reduced. Every state has different rules for such cases, and your compensation will vary. You can speak to our experienced attorneys to understand more about such cases.

Why do you need a Slip and Fall attorney New Jersey?

It can be difficult to prove liability in slip and fall cases, especially when you experience Slip and fall in public places or shopping malls. It may be difficult to determine who is liable for your injuries in those cases. However, Slip and Fall lawyers NJ understand the laws and have experience in practicing such cases. They will help you determine liability and will assist you in navigating through the process.

Here are some of the ways in which a lawyer can help you:

1. Proving liability – A lawyer will look at your case and help you understand whether it was your fault or the owner is responsible.
2. Better compensation – A property owner or an insurance agent may undervalue your claim and may try to reduce the overall compensation amount. However, Slip and fall lawyer Trenton understands the value of such claims and helps you get the appropriate compensation value you deserve.
3. Represent you in the court – Attorneys have appropriate knowledge and experience to help you get the claim. Our attorneys will help you throughout the process and will also represent you in the court, if necessary. Many Slip and fall accidents are solved outside the court. However, if your case reaches the trial or the court, our team of experienced attorneys will represent you in the court and help you get the compensation you deserve.

Lawyer for Slip and Fall Injury Trenton Free Consultation

If you have any questions about yourself, a loved one, a family member, and a fall, call or email The Law Offices of Greg Prosmushkin, P.C. today. We can help, and the consultation is absolutely free of charge.