whos liable in slip and fall accident
| Read Time: 3 minutes | Personal Injury
whos liable in slip and fall accident

Slip-and-fall accidents are common and often result in injuries and even trips to the hospital for treatment.

Some slip-and-fall accidents cause serious injury, while others have only minor consequences.

Often, these accidents happen because someone was careless and allowed a dangerous condition to exist on their property.

When your slip, trip, or fall is due to no fault of your own, you may have a valid claim for a New Jersey slip-and-fall lawsuit.

But before filing the case, you need to understand who is liable for a slip-and-fall accident under New Jersey law. 

The New Jersey slip-and-fall lawyers at Wiley Lavender Maknoor, PC have helped dozens of clients successfully pursue compensation after a slip and fall.

Clients are confident in our ability to effectively and efficiently bring the case to a resolution. 

To schedule a consultation, please contact us today.

Who Is Liable for a Slip and Fall?

Slip-and-fall cases are a type of premises liability case based on negligence.

Under the theory of negligence, someone is liable for your injuries if they owed a duty of care to you and failed to meet it, causing harm. 

In the context of slip-and-fall cases, property owners must keep their premises in a reasonably safe condition and warn certain visitors of dangers or hazards.

Property owners who may be liable if someone slips and falls on their property include:

  • Restaurants
  • Bars
  • Hotels
  • Grocery stores
  • Museums
  • Amusement parks 
  • Shopping malls
  • Retail stores
  • Public transportation stations

Property owners owe differing obligations to you depending on the type of property and your reason for being on the property.

Adult trespassers have the least protection, whereas invitees or patrons have the most. 

What Do I Need to Prove in a New Jersey Slip-and-Fall Lawsuit?

As we discussed, premises liability cases are based on the theory of negligence.

To prevail on a slip-and-fall claim based on negligence, you need to prove the following elements:

  1. The property owner owed you a duty of care
  2. The property owner failed to meet the duty of care
  3. The breach of duty caused you to slip and fall
  4. You suffered an injury because of the slip and fall

Additionally, you must file your claim within the statute of limitations for New Jersey slip-and-fall cases.

Depending on the circumstances of your case, you likely have to file your lawsuit within two years after the accident. 

It’s a good idea to talk to a personal injury attorney shortly after the accident because they can help you file your claim on time.

A slip-and-fall attorney can also assist you in gathering the appropriate evidence to prove the elements of the claim. 

Wiley Lavender Maknoor, PC—Exceptional New Jersey Slip-and-Fall Lawyers

If you or your loved one were in a slip-and-fall accident in New Jersey, contact us online or call us today at 732-494-6099 to schedule your initial consultation.

The injury lawyers at Wiley Lavender Maknoor, PC understand this is a difficult situation for you and are ready to help ease your burden, so you can move forward. 

Our legal team regularly gives back to the New Jersey communities we serve. John Wiley served as Mayor of the Borough of Metuchen for 12 years.

We love supporting our community, and we look forward to learning how we can best help you.