Call Us Today (732) 249-0444
Call Us Today (732) 249-0444
Slip, trip and falls can occur when you least expect them, leaving you unprepared to deal with the consequences. Fortunately, there is a legal system in place to help you recover for your damages. A Perth Amboy slip and fall lawyer could help you navigate the legal system and recover for your slip,trip and fall injuries.
The person who created the condition that caused your slip and fall should be held responsible. A legal professional could help you construct the best argument to recover for your injuries.
A slip and fall typically occurs from a dangerous condition. A dangerous condition exists when something on the premises has the potential to cause an injury. Proving what is dangerous can be difficult, but an attorney in Perth Amboy could help establish the condition causing a slip and fall is dangerous.
Dangerous conditions are not limited to conditions arising inside a building. Hazardous or dangerous conditions can arise from weather conditions or naturally occurring conditions outside. The common conditions which could result in a slip and fall include:
Types of Trip and Fall Injuries
Some of the common injuries that could result in a slip and fall include
There may be some difficulty proving an injury is recoverable. An experienced slip and fall lawyer in Perth Amboy could help a plaintiff establish their injury justifies recovery.
Before a plaintiff can recover for their injuries, they must prove the defendant is liable for causing the injury. A defendant is responsible for the injury if they acted negligently or intentionally in creating the dangerous condition that caused the plaintiff’s slip and fall.
A defendant is negligent if they acted unreasonably in allowing the dangerous condition to exist. Negligence typically comes down to whether the defendant knew about the condition, also known as notice. If the defendant had notice of the condition before the incident, they must remedy the condition.
To have notice, a defendant must have actual or constructive knowledge of the condition. Actual knowledge exists when the defendant saw the condition or has direct knowledge of the condition. When a condition exists for a long time or is discoverable through a reasonable search, the defendant has constructive knowledge.
A commercial property owner/operator may be liable for a dangerous condition if its employee created the dangerous condition, and if the mode of the business’ operation allows customers to handle products. For example, grocery stores or big box stores. In this situation, notice of the dangerous condition is not required.
The plaintiff’s comparative negligence reduces the amount a plaintiff can recover for the incident. A plaintiff is comparatively negligent if their actions leading up to the incident were also unreasonable. An experienced slip and fall attorney in Perth Amboy could help reduce a plaintiff’s chance of being found negligent.
Under New Jersey Statutes Annotate 2A:15-5.1, a plaintiff’s recovery is reduced by the percentage of their negligence. The law also provides a plaintiff may only recover if their negligence is equal to or less than the defendant’s negligence. Therefore, if the plaintiff’s negligence is 51 percent, they may not recover.
If a dangerous condition caused you to fall and resulted in injury, you deserve to recover damages. A Perth Amboy Slip and Fall lawyer could help increase your chance of recovering for injuries.
A legal professional has experience establishing the requirements needed to prove your injuries resulted from negligence. Do not let your actions prevent you from recovering, and have an attorney prove you are deserving of damages. Call today to learn more.