We’ve all been there. You’re walking along, maybe a little distracted, and suddenly – whoops! You trip, slip or fall. It can be embarrassing, and your first thought might be, “I’m such a klutz!”
But before you write it off as clumsiness, consider this: sometimes, falls happen because someone else was careless. In New Jersey, property owners are responsible for keeping their properties safe. If they don’t, and you get hurt, they may be liable for your damages.
Understanding negligence in premises liability
Negligence, in simple terms, means someone failed to do what a reasonable person would do to prevent harm. In the context of property, this is called premises liability. Property owners must maintain their property so visitors do not experience injury. This includes quickly cleaning up spills, fixing broken walkways and warning people about any dangers that exist.
When owners fail to do this, and someone gets hurt as a result, that’s negligence.
Is it just an accident or negligence?
It can be tricky to tell if your fall was your fault or someone else’s, especially in the aftermath of a painful incident. Here are some things to consider:
- Hazardous condition: Was there a dangerous condition that caused you to fall? This could be a wet floor, broken steps or poor lighting.
- Lack of warning: Was there a warning sign about the hazard? Property owners should warn visitors about known dangers.
- Known problem: Did the property owner know about the dangerous condition, or should they have? If they knew about the hazard but did not fix it, it shows carelessness.
Looking for these factors can help determine if your fall resulted from negligence rather than simply bad luck. If possible, take photos of the scene and get contact information from witnesses who saw what happened.
Don’t be too quick to blame yourself
Blaming an accident on your own clumsiness or misstep too quickly can be a costly mistake. When you assume responsibility without investigating, you might miss out on compensation for:
- Mounting medical bills
- Lost wages if you can’t work
- Physical therapy costs
- Pain and suffering
Accidents happen, but not all slips, trips or falls are accidents. Sometimes, they result from a property owner’s failure to maintain safe conditions. By understanding the difference between clumsiness and negligence, you can protect your rights and your financial future.
