Slip and fall Accidents
Also known as “premises liability claims,” slipping and falling is the #1 cause of unintentional injuries in the United States, according to the Centers for Disease Control. The injuries can be painful and severe, as can the medical and rehabilitation costs - and the legal process to determine negligence, liability and damages. Serving residents throughout New Jersey, knowledgeable slip and fall attorney Tara Breslow-Testa has seen it all and will help you recover damages if you are injured by slipping and falling due to the negligence of others.
Slip and fall injuries can happen on public or private property and can be caused by any number of factors: cracked sidewalks, faulty stairs, faulty equipment, bad lighting, bad weather, black ice.
New Jersey is no exception to this, with weather a significant factor in slip and fall/premises liability claims in the state: slippery walkways from black ice, rain and even fallen leaves.
Public walkways, private homes or businesses, crowded bars and restaurants, sports stadiums, escalators and moving walkways, work injuries: slips and falls can happen anywhere and anytime and the injuries can be as severe as paralysis or death (Most recently, see: Roger Ailes)RESIDENTIAL/PRIVATE PROPERTY AND COMMERCIAL PROPERTIES
New Jersey makes an important distinction between slip and fall injuries on private, residential properties like homes and condos and commercial properties like shopping malls and stadiums.
Wherever a slip and fall accident happens, the court will hear both sides to determine negligence: if a property owner was aware of a potentially dangerous condition - faulty steps, cracks in the pavement, black ice - and did not take necessary steps to lessen the danger, the court will determine the level of negligence and how liable the property owner is to pay for the medical costs, pain and suffering and other damages incurred by the plaintiff.NEW JERSEY’S MODIFIED COMPARATIVE FAULT LAWS
New Jersey courts recognize that not all slip and fall claims are 100% the fault of the property owner. The “modified comparative fault” rule allows for some of the fault of a slip and fall injury to be laid on the plaintiff.
Let’s say a fan of the New Jersey Devils gets so excited after a goal, they run out on the ice, slip and fall and break an ankle and drop their beer. The courts might find the owners of Prudential Center 10% liable for not having adequate security to prevent that crazed fan from running onto the ice, but the injured fan is 90% responsible for their injury. The crazed fan did not exhibit “reasonable care” and will not be awarded damages for their own negligence.
But say another, more responsible fan is walking out of that same New Jersey Devils match and sees some yellow cones warning of a slippery walkway, but is distracted by a smartphone or talking to a friend about the numbskull who ran out on the ice and fell - and then that distracted person also slips and falls, despite the warning cones.
Part of the blame goes to the plaintiff and part goes to the owners of the facility. If the total damages are $50,000 and the court determined the facility is 60% responsible - they will pay for 60% of $50,000, while the plaintiff is responsible for the rest.SLIPPERY
Slip and fall claims can be slippery: contentious and expensive. Plaintiffs and insurance companies will often go to court as a strategy to confuse, confound, delay and maybe force the plaintiff into a settlement. This is where seasoned New Jersey slip and fall lawyer Tara Breslow-Testa’s experience is crucial - to fight the good fight and insure that justice is done, and you are compensated for your slip and fall/premises liability injury.
Call Tara at (732) 784-2880 or contact her online for a free, no-obligation appointment with one of New Jersey’s most experienced, dedicated slip and fall attorneys.