Thousands of people are injured from “slip and fall” accidents every year. Many of their injuries are serious enough to prevent them from being able to work—and provide for their families—and perform routine daily activities. Victims of slip and fall accidents in the Paterson area should consult with a Paterson personal injury lawyer to see what, if any, legal options they may have in regards to compensation for their pain and suffering.
What Constitutes a “Slip and Fall” Case?
A slip and fall case is one where a person slips and falls on another person’s property, and the injured party claims that his injury resulted from negligence or inappropriate conduct of the property owner. For example, if you are in a store and you slip and fall on a wet area of the floor that is not clearly marked and visible, the property owner may be liable because he failed to properly mark the wet area.
Your case may not be as solid, however, if the wet area was clearly and visibly marked, and you proceed to walk on the wet area regardless and you slip and fall. Everyone has a personal responsibility to be alert and look out for their own safety, and the property owner in this scenario cannot be held responsible for your decision to ignore the clearly marked signs around the wet area.
How Do I Know if I Have a Case?
You can schedule a free consultation with a personal injury lawyer, preferably one with experience in slip and fall cases. The attorney will determine, based on the facts and circumstances surrounding your accident, whether or not you have a case.
You may have a good slip and fall case if your attorney is able to prove that:
- The property owner (or his employee) caused the dangerous or slippery surface, spill, item, tear/crack or other item to be underfoot;
- The property owner (or his employee) knew about the slippery or dangerous surface and did nothing to rectify the issue; or
- The property owner should have known about the dangerous surface because an individual who maintained the property would have discovered it and brought it to the property owner’s attention, or he would have removed the item out of the path of pedestrians or repaired the surface.
To strengthen his case even more, the attorney will attempt to establish that:
- The crack, tear, spill, slippery substance or item that caused your fall was there long enough for the property owner to be aware of it;
- There was no reason for the item or substance that caused your slip and fall to be on the ground or floor and that such item or substance could have been covered or removed to keep the area safe;
- There was no barrier, sign or other marking to warn pedestrians and prevent potential slips and falls;
- That your own actions in no way contributed to your slip and fall and that you conducted yourself appropriately and in a safe manner.
If your personal injury attorney can establish all of the above, you would have good chance of winning your slip and fall case. If the property owner is found to be liable for your injuries, you may able to recover damages for medical expenses, loss of income due to being unable to work, or any other expenses related to your injury.
Have You Been Injured in a Slip and Fall in Paterson?
Paterson personal injury lawyers Peter N. Davis and Associates, LLC have represented many slip and fall accident victims and helped them hold negligent property owners accountable. If you have been injured due to property owner negligence and think you have a case, give the offices of Peter N. Davis and Associates a call today or complete our contact form.