If you were injured in a slip-and-fall or trip-and-fall accident in Cherry Hill, New Jersey, The Pearce Law Firm’s slip-and-fall lawyers near you can evaluate your case, explain your legal options, and help you pursue compensation for your injuries.
Aside from auto accidents, slip-and-falls and trip-and-falls are the most frequently litigated personal injury cases in New Jersey. These types of accidents can happen anywhere. They can vary from a slip on an icy or wet sidewalk in January to a trip on a dry, cracked, or broken sidewalk in July. They can happen in a Walmart or in a mom-and-pop convenience store. A person might trip in a pothole in a parking lot or slip on loose carpeting on a stairway.
If you’ve been injured in a slip-and-fall accident, you may be wondering: Do I have a case? Should I hire a lawyer? What is my case worth? Our experienced slip and fall lawyers can provide a free case evaluation to answer these questions and help you understand your legal options.
Injuries From Slip and Falls & Trip and Falls in New Jersey
Slip-and-falls usually result from ice, water, oil, or food products on a slippery surface that people walk on. They also often occur from a broken or cracked surface that has not been maintained or fixed. Victims of slip and falls usually fall backward and injure their head, spine, pelvis, hands, wrists, and shoulders. These serious injuries can include fractures, broken bones, sprains, concussions, traumatic brain injuries, and spinal cord injuries that require immediate medical treatment at a hospital or emergency room. With trip-and-falls, people ordinarily fall forward and typically suffer head, facial, dental, neck, chest, hand, and shoulder injuries. Whether your injuries are temporary or permanent, documenting your medical treatment with a doctor and maintaining medical records and medical bills is critical to proving your damages.
Who is Liable for a Slip and Fall Accident in Cherry Hill, New Jersey?
Both slip-and-fall and trip-and-fall cases are brought under the law of premises liability and negligence. Sometimes a plaintiff might be able to prove that an owner or occupier of property knew about a dangerous condition and failed to take reasonable measures to remedy it. This is known as actual notice of the defect or hazard. In fact, a Cherry Hill Township ordinance states that residents are responsible for fixing and/or replacing damaged sidewalks and curbs. At other times, the plaintiff might show that the owner or occupier should have known about the dangerous condition. This is called constructive notice, which means a reasonable inspection would have revealed the defect. That’s when a reasonable person who maintains the property would have discovered the condition and repaired it. Then there are times that the owner or occupier created the dangerous condition. Examples of creating a dangerous condition could include leaving tools or an extension cord across a sidewalk or walking path. Property owner liability and landlord liability can extend to business premises, public property, and municipal property depending on who had a duty of care and breached that duty.
Problems with Slip and Fall Injury Claims in Cherry Hill, NJ
The insurer of the person or business entity that owned or occupied the property where you fell will do whatever it legally can to reduce its possible financial exposure in any claim against it. That’s how insurance companies make money. They cash premium checks, and then they pay as little as possible or even nothing on claims. Insurance adjusters deny claims routinely and dispute liability to minimize payouts. Expect to be treated with utter disdain if you try to represent yourself in a claim involving a fall. Remember, the insurance company has lawyers working for them!
In trying to be reasonable, you’re likely to make certain mistakes along the way that will harm your case. The biggest mistake is cooperating with the insurance company. New Jersey law doesn’t require you to cooperate with an opposing insurance company when you have a personal injury claim pending against its insured person or business. By cooperating with that insurer, you’re probably giving it more facts that it can use to defend its case. What not to say to insurance adjusters: never give a recorded statement, never sign a medical authorization, and never admit fault. Insurance adjusters will use your words against you to deny your claim.
Comparative Negligence
Comparative NegligenceThe simplest defense possible in slip-and-fall and trip-and-fall cases is that the claimant simply wasn’t watching or looking where he or she was going. Sometimes this is referred to as the plaintiff not using “reasonable care” themselves in preventing the accident or injury. The next defense is that the plaintiff should not have been at the location where he or she got hurt anyway, even arguing that the plaintiff was a “trespasser.” What comes into issue is that just about all slip-and-fall and trip-and-fall cases involve some degree of negligence on behalf of the plaintiff. Under New Jersey comparative negligence law, if the plaintiff is found to be 51% or more at fault, the plaintiff loses. This is known as shared fault or partial fault. Many victims ask: “Can I still be compensated for a slip and fall accident in New Jersey if I was partially at fault?” The answer is yes, as long as you are less than 51% at fault, but your damages will be reduced by your percentage of fault.
Cherry Hill Snow and Ice Slip and Fall Accidents
Snow, sleet, and ice come with winter in New Jersey. Those weather conditions make it difficult to get around outside, especially if you’re walking. Temperatures can fluctuate from below freezing to above freezing. That means snow and ice where people walk keep thawing and then freezing again. Without proper maintenance, pedestrian areas like sidewalks and parking lots get dangerous. These hazardous conditions are preventable with reasonable inspection and proper snow removal. That’s when slip-and-falls occur, and people get injured. If a slip-and-fall victim is injured as a result of the negligence of an owner or occupier of real estate, that victim might be eligible for compensation. Victims may recover damages including pain and suffering, lost wages, medical expenses, future medical costs, rehabilitation costs, loss of earning capacity, and emotional distress.
If you were injured after slipping and falling on snow or ice in Trenton, Cherry Hill, or anywhere in New Jersey, contact one of our nearby slip and fall lawyers today for a free, confidential consultation. We offer a no-obligation case evaluation with a same-day callback and personalized attention to every client.
Residential Property Slip & Falls
In New Jersey, it matters where a slip-and-fall on snow and ice occurs. One of the issues is whether the property was residential or commercial. The general rule is that the owner of a single-family private residence has no duty at all to remove natural accumulations of snow and ice from their property. However, under New Jersey law, a homeowner may be fined for failing to remove snow and ice in accordance with local municipal law. Every township or municipality has different snow removal ordinances regarding the time limit to file and requirements for clearing sidewalks. Every township or municipality has different laws regarding snow and ice removal for sidewalks. A Cherry Hill Township ordinance requires residents to remove snow within 48 hours of daylight following a snowfall. If a resident or homeowner removes snow, they must do it in a reasonably safe manner. They can’t make matters worse. Creating an unnatural accumulation of snow or ice through improper removal can establish liability even for residential property owners.
Commercial Property Slip & Falls
Owners and occupiers of commercial property must protect the public from foreseeable injuries. That includes removing the hazards to pedestrians that are created by snow and ice. Commercial tenants and landlords both have a duty of care to inspect, clear, and warn visitors of dangerous conditions. Failure to remove snow and ice coupled with a slip-and-fall could result in liability for a commercial owner or occupier of real estate. Who had control of the property where the slip-and-fall occurred might be pivotal in the liability context, but even a snow removal business or a renter might be held liable for slip-and-fall injuries. In litigation, defendants often deny liability and dispute whether they had actual notice or constructive notice of the hazard. In fact, many times a lawsuit can be brought against both the snow removal contractor and the property owner for not properly removing the snow and/or not properly salting the ice on a sidewalk or parking lot. What if the store denies liability? Can I sue for slip and fall? Yes, you can file a lawsuit and pursue your claim through the court system, including discovery, depositions, mediation, arbitration, and potentially a trial before a judge and jury. If you’ve been injured in a slip-and-fall incident at a retail store like Walmart, understanding Walmart personal injury settlements can help you gauge what compensation you might be entitled to.
When to Contact a Trip and Fall Attorney in Cherry Hill, NJ
If you were injured in a trip-and-fall accident in Cherry Hill, NJ, you should contact a trip-and-fall attorney as soon as possible, especially if you suffered serious injuries or an insurance company is involved. Taking on a multi-billion-dollar insurance company by yourself can lead to mistakes that may prejudice your claim and could cause irreparable harm. You are not legally required to provide the opposing insurer with a medical authorization or give a statement about your accident. After a fall, seek immediate medical treatment, document the accident with photographs and available video surveillance, gather witness contact information, and file an incident or accident report. Then, contact an experienced trip and fall attorney before speaking with the insurance company.
Contact a Slip and Fall Attorney Near You
If you’ve been injured in a slip-and-fall or trip-and-fall accident in Cherry Hill, New Jersey, contacting a slip-and-fall attorney from The Pearce Law Firm Personal Injury & Accident Lawyers P.C. promptly can help protect your rights and give you a better understanding of your legal options. The insurance company may try to minimize or deny your claim, so you should not give a statement or sign a medical authorization before speaking with an attorney. Our attorneys investigate fall accidents, gather evidence such as photographs and security camera footage, handle insurance negotiations, and file a lawsuit when necessary to pursue compensation. We have a proven track record of successful settlements and verdicts for injured clients.
For those injured in a slip-and-fall or trip-and-fall in Trenton, Cherry Hill, Camden, Gloucester Township, Vineland, Washington Township, Evesham, Egg Harbor Township, Mount Laurel, or anywhere in New Jersey or Pennsylvania, contact The Pearce Law Firm Personal Injury & Accident Lawyers P.C. online or call (215) 557-8686 for a FREE consultation and case assessment. Our legal team is available 24/7 to provide compassionate and aggressive representation. We work on a contingency fee basis, so there is no upfront cost and no legal fee unless we obtain a settlement or verdict for you. Understanding the statute of limitations and filing deadline is critical, so don’t wait until it’s too late to pursue your claim.
Frequently Asked Questions About Slip and Fall Accidents
How Much Is a Slip and Fall Case Worth in New Jersey?
The value of a slip and fall case depends on factors such as the severity of the injuries, medical expenses, lost wages, future medical needs, loss of earning capacity, and the effect of the injuries on your life. Each case is different, so The Pearce Law Firm can evaluate your circumstances and discuss the potential value of your claim during a free case evaluation.
Can I Still Recover Compensation If I Was Partially at Fault for a Slip and Fall?
Yes. New Jersey follows a modified comparative negligence rule. If you are found to be less than 51% at fault for your slip and fall, you may still recover compensation, but your damages can be reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.
How Long Do I Have to File a Slip and Fall Lawsuit in New Jersey?
The time you have to file a slip and fall lawsuit depends on the circumstances of your case and the party you are pursuing a claim against. Because missing a filing deadline can prevent you from recovering compensation, it is important to speak with an attorney as soon as possible after your accident.
What Should I Do After a Slip and Fall Accident?
After a slip and fall, seek medical treatment, document the accident with photographs or available video, gather witness contact information, and report the accident to the property owner or appropriate party. You should also avoid giving a recorded statement or signing a medical authorization for the opposing insurance company before speaking with an attorney.
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