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Slip & Fall
Suing for Fall down stairs in New Jersey
Uploaded on: May 12, 2023
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Duration: 3.41 Min

Video Description

Landlords in New Jersey have an obligation to maintain reasonably safe standards for all permitted visitors on their property, and even limited rights to people who trespass. So, this may seem like a very clear-cut area of the law, but it can become complicated pretty easily. That’s why, generally speaking, you should never pursue a legal matter without the input of an experienced personal injury attorney.

Here are just some examples of properties where a slip and fall accident could occur, resulting in an injury:

  • Residential rental or leased properties,
  • Commercial rental or leased properties,
  • Private properties (such as a home), and
  • Public access properties such as:
    • Movie theaters,
    • Hospitals,
    • Malls,
    • Restaurants,
    • Hotels,
    • Retail shops, and
    • Gyms.

You will want to consider your visitor status at the time of your accident. There are three main categories of visitors under the law. They are:

  • Business Invitee,
  • Licensee, and
  • Trespasser.

A business invitee is someone who is allowed on the property because the owner is allowing the premises to be open to the public for business. Residential and commercial tenants of a property are also included in the “business invitee” category. This type of visitor is permitted to be on the property, but oftentimes limited in where they are allowed to go.

Licensees are people who have legal permission to be on another’s property. The owner or manager of a property does not have to inspect and perfect a property for a licensee’s visit, however such visitors must still be warned of known dangers on the property. An example of a licensee would be construction or third-party maintenance workers, and social guests attending a party or event.

Finally, trespassers do not nearly have the same amount of rights as the other two categories of visitors. The owner of a property usually only has the duty of care not to intentionally, maliciously, or recklessly cause harm to the trespasser.

Filing an insurance claim is usually the first course of action when someone is injured in a slip and fall accident. Most New Jersey landlords will have liability insurance in case their negligence causes injuries to another party.

If a claim with the insurance company does not go the way you had hoped, you can take it a step further by filing a lawsuit. This requires your attorney to submit a formal “complaint” to the court making it clear that whoever you are suing was at fault and not acting in accordance with the laws. There will also be a request in the complaint asking the court to order the responsible party to compensate you for damages suffered.

Here at Rosenblum Law, most of the personal injury cases we handle end up with a settlement, which can occur at any time in the process. We put our decades of litigation experience and unrivaled legal expertise on your side to ensure you get the best possible chance to recover both physically and financially. If you or a loved one have been injured in a fall down stairs, don’t hesitate to take the crucial first step on the road to recovery.

Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/fall-down-stairs/

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No one expects to fall and get hurt while walking on a sidewalk, but if this has happened to you, the accident could be due to someone else’s negligence, and you may actually be entitled to compensation. This is because, typically, sidewalk maintenance is someone’s responsibility…although figuring out who is to blame for your injuries can be a challenge.

In New Jersey, as a general rule, homeowners are not legally responsible for the public sidewalk abutting or adjacent to their home. So in a scenario where you slip and fall on a sidewalk outside of someone’s home, we would look to the rules, regulations, or local ordinances of the city or town to see who is responsible. In New Jersey’s larger cities, the local government handles the maintenance of sidewalks, litter removal, and repairs. However, in less urban and more residential areas, the adjacent property owner is required to maintain their own portion of a sidewalk.

The New Jersey Supreme Court determined that a commercial property owner could be held responsible for slip and fall accidents that occur on public sidewalks that abut the property. So, for example, if you were to fall on a public sidewalk outside of a local restaurant, you would have the ability to sue the restaurant owner for your injuries. There was a case in 2018, where a woman in her early fifties was walking on a public sidewalk in East Orange when she slipped and fell on ice outside of a restaurant. The woman unfortunately suffered a bad fracture of her right ankle that required surgery and later physical therapy. She sued the building owner and the restaurant for failing to maintain the property, thereby creating a dangerous condition. Ultimately, it was determined that the building owner was one hundred percent responsible and the jury awarded the victim over two point one million dollars.

First, seek medical attention as soon as possible. Your health and well-being should be your first priority if you have been injured in a slip and fall accident.

If you can, take photographs of the exact location where you fell and the dangerous condition that caused you to slip and fall. This is especially important in these types of cases because the dangerous condition that caused you to fall may not be there for very long and you’ll need a record of it.

Next, be sure to report your fall. For example, tell a supervisor or manager if you fell down outside of a business so they can create an incident report or get the police involved if necessary.Once you’ve done these things, hire an experienced slip and fall attorney who can help you navigate the next steps. At Rosenblum Law, we have unparalleled experience in personal injury such as a slip and fall incident, and will give you the best possible chance at justice. If you or a loved one has suffered an injury from a fall on a sidewalk, and wish to pursue the compensation you deserve, don’t hesitate to take the crucial first step on the road to recovery. Call us today for a free consultation.

Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/sidewalk/

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