If you fall at your apartment complex, of course, you can try suing your landlord. Whether you win the case or not depends on the specific situation, though. Here, we discuss various situations and whether or not pursuing a slip and fall case is a worthwhile endeavor. If you have been injured in a slip and fall accident and are in need of legal assistance in the New Jersey region, consult a local Paterson premises liability lawyer at the Law Offices of Peter N. Davis.
Making A Case For A Slip And Fall Injury
In order for you to have a slip and fall case, you need to prove that your landlord was negligent in their duties and therefore responsible for your accident. If you cannot demonstrate that your landlord caused or could have prevented the accident, it is unlikely that you will be able to make a case against them.
Relevant documentation and pictures are the best way to prove your landlord’s negligence. Documents showing that your landlord was aware of the unsafe condition and responsible for repairing it at the time of your injury can help you make your case. Additionally, photographs of the scene of the accident are also useful. Photographing the scene immediately after you are injured might not be the first thing on your mind, but certain cases like those involving ice or snow can depend on photographs like these.
Accidents Inside Your Apartment
Even with proper evidence, slip and fall cases are difficult to win. If there is a leak in your apartment that causes you to slip and fall, you can only build a case if you can prove your landlord was aware of the leak and responsible for fixing it. It’s unreasonable to hold your landlord liable for something of which they were unaware and had no chance to remedy.
On the other hand, you can hold your landlord accountable if you can show that you informed them about the leak and they failed to repair it. Even in this instance, however, it can still be difficult to convince a jury to convict. They tend to hold adults responsible for their actions, so if you knew about the leak, you should arguably have been more careful to avoid it.
Accidents Outside Your Apartment
Slip and fall accidents in the common areas and exterior grounds of your apartment can depend on the particulars of your lease agreement. If you slip on a patch of ice or snow on the sidewalk, whether or not you can hold your landlord liable depends on who is responsible for maintaining the sidewalk, per your lease agreement. If your landlord is responsible for shoveling and maintaining the walkways, you can likely hold them liable. If you are stated as being responsible, you cannot hold them accountable for your accident.
If you simply fall on the exterior stairs at your apartment complex, whether you can hold your landlord liable depends on the specific situation. Tripping or slipping over a foreign substance on the stairs is not something you can generally hold your landlord accountable for, since they cannot be expected to be aware of the cleanliness of the stairs at all times. Alternatively, if you fell due to a loose brick or some other defect in the stairs, you could potentially build a case against your landlord.
Let A Paterson Premises Liability Lawyer Help You
If you have questions or concerns regarding your slip and fall injury, don’t hesitate to contact a Paterson premises liability lawyer at the Law Offices of Peter N. Davis. We can help you build your case, if you have one, and represent you when the time comes.