Slip and fall accidents can happen anywhere: a wet floor in a store, an icy walkway outside an apartment building, a broken stair in a parking garage. They can cause serious injuries, including fractures, head injuries and back injuries. If you were hurt in a fall in New Jersey, the steps you take afterward can make a big difference.
What to do after a slip and fall
1. Get medical care
Your health comes first. Even if you feel okay, get checked, because some injuries show up later. Medical records also create an important link between the fall and your injuries.
2. Report the fall
Tell the store manager, landlord or property owner what happened and ask that an incident report be made. Get a copy if you can, and note the names of anyone you speak with.
3. Document the scene
Take photos or video of the exact spot, the hazard (for example a spill, ice, loose carpet or poor lighting), your shoes and your injuries. Do this before the hazard is cleaned up or repaired, if it is safe to do so.
4. Find witnesses
Ask anyone who saw the fall for their name and phone number. Their account can help show how the accident happened.
5. Keep your records
Keep your medical bills, work records and a short written account of what happened and how you feel. Do not post about the accident on social media.
Who can be responsible?
Property owners and businesses have a duty to keep their premises reasonably safe, and to warn visitors of dangers they know about or should have known about. Depending on where you fell, the responsible party could be a store, a landlord, a property manager, a maintenance company or a government entity. These cases are called premises liability claims.
What you generally need to show
A dangerous condition existed on the property
The owner knew about it, or should have known about it, and did not fix it or warn people in a reasonable time
The condition caused your fall and your injuries
Fault can be shared in New Jersey
New Jersey follows a comparative fault rule. If you are found partly responsible for your fall, your compensation may be reduced by your share of fault. If you are found more than 50 percent at fault, you generally cannot recover. This is one reason property owners and insurers often argue that the injured person was not careful.
Talk to a lawyer early
Premises liability cases depend heavily on evidence that can disappear quickly, such as video footage and maintenance records. Most New Jersey injury claims must also be filed within two years, and claims involving a government property have much shorter notice deadlines.
The Law Office of Todd I. Siegel has handled slip and fall cases for injured New Jersey clients for more than 30 years. Call 201-678-0678 for a free consultation. There is no fee unless we win your case.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
