If you or a loved one suffered a serious injury in a slip-and-fall event, you’ll probably have a lot of questions. Mainly, these questions will center around whether you can pursue a claim for damages and how much money you could potentially recover.
Here are three questions that slip-and-fall accident attorneys commonly hear:
Is the property owner liable for my injuries after slipping on ice?
Since ice and snow are natural phenomena, property owners do not generally need to immediately remove it from their properties. However, in the case of an unusual level of accumulation that grows due to neglect on the part of the property owner, liability concerns could arise. As such, in cases where it’s clear that that snow and ice buildup presents a danger to property visitors, the owner of the property could be liable for injuries caused by the build-up.
How does the law determine if the owner of the property “should have known” about a slip-and-fall danger?
The standard to determine whether a property owner “should have known” about a particular danger, relates to reasonableness. Would a reasonably attentive person have known about the conditions within the amount of time it existed? Also, would a reasonably attentive person have taken action to correct the problem in order to prevent injuries to property guests? If the answer is yes to these questions, then the property owner should have known about the damage and he or she could be liable.
What if the property owner received a warning or notice about the dangers. Does this help my case?
It will certainly help a plaintiff’s case if the plaintiff can show that the property owner was aware of the dangerous circumstance because he or she received a warning or notice about it. This could show that the property owner willfully allowed guests to be at risk of suffering an injury.
Were you or a loved one involved in a slip-and-fall accident? The more questions you ask, and the more you know about your legal rights and options, the better chances you’ll have of successfully navigating a premises liability claim in New Jersey civil court.