According to the Centers for Disease Control and Prevention (CDC), approximately one out of five unintentional falls lead to severe injuries. Anyone can suffer injuries in a slip and fall accident, but those over age 65 are especially vulnerable, as are small children who are just learning to walk.
New Jersey property owners and business owners have a legal obligation to keep their premises safe from hazards that can lead to a slip and fall accident. They also have to warn visitors of any dangers they know about or should know about. Failure to comply can lead to serious harm and, sometimes, death.
Often, property owners can prevent slip and fall accidents by exercising care. If a property owner’s negligence harmed you, New Jersey law permits you to seek compensation for damages in civil court. If you live in the Marlton area, contact the Marlton Slip and Fall Attorneys at Console & Associates for a free case review to discuss the circumstances of your slip and fall accident, your injuries, and the ways they have affected your life.
The dedicated Marlton personal injury lawyers at Console & Associates have experience representing clients in personal injury cases, including slip and fall accident injuries. The firm’s passion for seeking justice and professional excellence has resulted in the recovery of millions of dollars in damages for injured clients from settlements and jury awards over the years.
Recent case results include:
Each case varies based on its particular facts and circumstances, so we cannot guarantee a specific financial outcome for your slip and fall injury claim. However, we have the knowledge and resources to help build a strong case against the property owner responsible for your injuries, allowing you to receive compensation.
Sip and fall accidents are the most common type of accidents that occur on someone else’s property. As mentioned above, elders are prone to slip and falls, but anyone can encounter a dangerous hazard. Slip and fall accidents are also one of the leading causes of traumatic brain injuries (TBI) and the number one cause of hip fractures. Many hazards can lead to a TBI, hip fracture, or another injury that causes lifelong complications for accident victims.
Property owners must maintain their floor coverings to help prevent slip and fall injuries. Loose tiles, floorboards, and carpeting create an uneven walking surface that can lead to a dangerous fall. The same is true of rotted wood and broken tiles.
The winter months bring dangerous ice and snow that owners must clear from driveways, parking lots, storefronts, and other places where they pose a danger to visitors. Additionally, property owners have an obligation to salt or sand icy surfaces when they cannot completely remove the ice. Even the most careful visitors can suffer a dangerous fall on hard-to-see black ice.
Homes and businesses that are full of trash and debris create a plethora of potential hazards for visitors. Owners are responsible for keeping walkways clear of trash so visitors do not trip and fall, or slip and fall, and suffer painful injuries.
Old buildings can put visitors at risk for a dangerous fall when handrails or stairs give way. This is more likely when the building’s owner does not regularly inspect or maintain the property. Similarly, weak or partially broken stairs or railings could send people tumbling. Slip and fall accidents on stairs are dangerous and have a high likelihood of fatality because of the length of the fall.
Whether a result of intentional use or spills, many wet and dry products can lead to a slip and fall accident.
The City of Marlton and private property owners have a responsibility to fix depressions in roads and walkways, fill in potholes, and generally maintain sidewalks, walking trails, and other walkways that others might use. Failure to fix these issues in a reasonable time frame can lead to dangerous slip and fall accidents and injuries.
Not all slip and fall accidents lead to viable personal injury claims, even when they occur on another person’s property. The extent to which a property owner may be liable for damages can depend on the visitor status of the injured person. Like many states, New Jersey divides visitors into three categories: invitees, licensees, and trespassers. Here are the duties that New Jersey property owners have towards each type of visitor:
Visitors who are invitees have been expressly or implicitly invited onto a property to conduct business or for public use. Marlton’s property and business owners have the most obligations towards invitees. Under New Jersey law, property owners must fix any known dangers and warn invitees of any known hazards or hazards that any reasonable person should know about.
Examples of visitors who fall under the category of invitees include those using public lands such as a playground, park, or walking trail. Shoppers at the mall or grocery store, patrons at a local bar or restaurant, and patients at a doctor’s or dentist’s office also serve as examples of invitees.
Licensees are invited, either expressly or implicitly. They typically include friends, family members, neighbors, and other social guests. Property owners have many of the same legal obligations towards invited licensees as they do towards invitees. They must warn licensees of potentially hazardous conditions that they know about or should know about that could lead to slip and fall accidents or other injuries and make reasonable efforts to keep their property safe.
Uninvited licensees, such as delivery people and door-to-door salespeople, enter a property for their own benefit. Property owners have no legal duty towards uninvited licensees, although they cannot intentionally set traps or cause harm to them.
Trespassing is going onto another party’s property without their express or implied permission. Trespassers who suffer injuries in a slip and fall accident have no legal rights unless the property owner intentionally set a trap to cause the accident. It is highly unlikely a trespasser will receive compensation for injuries after a slip and fall accident if they bring a lawsuit against the property owner.
The law makes an exception for child trespassers if property contained an attractive nuisance. An attractive nuisance is an item on one’s property that draws children to trespass. Children do not understand the risks associated with an attractive nuisance, so property owners need to maintain their property in a way that protects child trespassers from harm, including slip and fall accident injuries.
If your young child slipped and fell and sustained injuries when trespassing, the property owner might be liable for damages related to your child’s injuries if the property has an attractive nuisance and the property owner did not take sufficient measures to avoid an accident.
Examples of common attractive nuisances include:
When someone suffers injuries from a slip and fall accident because of a negligent property owner, New Jersey law permits the victim to seek compensation for damages related to the injuries as long as they do so within the state’s two-year statute of limitations.
If you and your attorney settle with the insurance company or if the court rules in your favor, you could receive compensation for:
If fatal injuries from a slip and fall accident have led to the sudden and tragic loss of a loved one, you could also be eligible for compensation. New Jersey law permits eligible surviving family members to bring a wrongful death lawsuit against the negligent property owner responsible for the slip and fall accident.
Eligible surviving family members who prevail in a wrongful death lawsuit can receive relevant damages listed above as well as costs for funeral and burial expenses. Additionally, wrongful death lawsuits also help compensate families for damage to relationships. For example, minor children can receive compensation for loss of parental guidance and support if their parent dies. Surviving spouses sometimes receive compensation for loss of companionship if their partner dies.
Your Marlton slip and fall accident lawyer can answer your questions about filing a wrongful death claim and can advise you on the next steps for you and your family.
The aftermath of a severe slip and fall accident seeps into every aspect of an accident victim’s life. Head traumas, broken arms, broken hips, and other painful injuries can lead to a lifetime of chronic pain, discomfort, and other complications. Injuries can also impact one’s ability to work as medical treatment costs pile up. Taking legal action will not stop the emotional and physical pain you are suffering, but it can alleviate some financial stress and allow you to receive compensation to pay for the treatment you need.
We understand the challenges you face, and we are here to guide you through the claims process. Additionally, many insurance companies try to avoid paying out claims and often try to shift blame to the victim. Our legal team knows how to communicate and negotiate with insurance companies, giving our clients the chance to receive the compensation they deserve for their slip and fall accident injuries.
If you live in the Marlton area, contact Console & Associates today online or at (856) 778-5500 for a free case evaluation to learn about your best options. One of our team members can review your case, determine your eligibility for compensation, and answer any questions you may have about the legal process. If you choose Console & Associates to represent you in your slip and fall injury claim, we take cases on a contingency basis. You do not have to pay an upfront retainer. Contact Console & Associates today for more information about your legal rights after a slip and fall accident.
After your slip and fall, you just want to get your life back on track. The last thing you want to worry about is fighting with an insurance company that’s more interested in saving money than it is in helping you get better.
We can help.
It costs you nothing to review your options with an experienced legal professional and learn more about the process of pursuing slip and fall injury cases. You can even get no-win, no-fee legal help, regardless of your financial situation, so there’s no financial risk of moving forward with a claim.
Console and Associates, P.C.
1 Holtec Drive, #100
Marlton, NJ 08053
“I would highly recommend Console and Associates, PC for their expertise and quality of work for personal injury claims.” A. Corrado / Client