Dedicated Slip and Fall Attorney in Passaic County, NJ
If you were injured when you fell on someone else’ s property, you may have questions about your legal rights and responsibilities. A Passaic County slip and fall lawyer can investigate how the fall occurred, whether the property owner knew about the dangerous condition that caused the fall, and whether reasonable attempts were made to remedy the problem.
Serving Injured People in Passaic
At The Montanari Law Group, LLC, our Little Falls office represents clients throughout the surrounding area. We understand injuries can impact an individual’s health, job, finances, and day-to-day tasks. For that reason, our law firm provides legal advice designed to educate clients about the claims process and help them make informed decisions.
A Passaic County personal injury attorney at our firm serves Passaic County, which includes developed areas such as Paterson and Clifton, as well as busy retail areas around Route 46, Route 3, Route 23, and Interstate 80.
Common Causes of Slip and Fall Accidents
Slip and fall accidents occur at grocery stores, shopping malls, office buildings, restaurants, apartment buildings, parking decks, and other premises. Common conditions that can lead to trips and falls include:
- Wet floors or floors that were recently mopped
- Ice or snow buildup on sidewalks or walkways
- Broken stairs or missing handrails
- Uneven pavement or flooring surfaces
- Dim lighting inside stairwells or along walkways
- Items, cords, or debris blocking aisles or walking areas
Keep in mind that simply because a property is dangerous or has unsafe conditions that caused a fall does not mean the property owner or business was negligent. Slip and fall accidents, including winter slip and fall accidents, typically require investigation into how a hazardous condition developed, how long it existed before the fall occurred, whether the defendant had notice of the condition, and what actions were taken to protect lawful visitors from harm.
Falls and Injuries in New Jersey
The Centers for Disease Control ranks slip and falls as one of the leading causes of injuries within the United States. Falls do happen for a variety of reasons, and not every slip and fall accident is caused by someone else’ s negligence. According to New Jersey hospital discharge data, there were 211,556 falls that were treated at emergency departments or through inpatient hospital care in 2023.
Of those hospital-treated falls, 104,830 occurred to New Jersey residents age 60 or older. Falls are therefore a particular problem for senior citizens. Falls represented 49.6% of all hospital-treated falls statewide.
New Jersey Slip and Fall Laws
New Jersey’s comparative negligence law can come into play when the injured person is partially at fault for an accident. A plaintiff’s ability to recover damages hinges on their own negligence not exceeding that of the defendant or all defendants combined. Compensation is otherwise reduced by the plaintiff’s percentage of fault.
Additionally, the statute of limitations generally requires actions for personal injury resulting from wrongful act, neglect, or default to be started within two years. There are different deadlines and procedural rules that may apply in certain circumstances, including claims against public entities.
Liability After a Slip and Fall
Simply because an accident happened after a person fell at a property does not mean the owner is going to be responsible for the injuries. Premises-liability claims often depend on whether the defendant owed the injured person a duty of care, and whether the facts establish that duty was violated. Evidence that may answer those questions includes:
- Video surveillance
- Photographs
- Incident reports
- Records of inspections and maintenance
- Witness testimony
- Weather reports
- Information regarding how long the dangerous condition existed
Records of prior complaints or incidents are sometimes used to establish notice that a property owner or property occupier should have had. A slip and fall case in Passaic County may be heard in the Passaic County Courthouse, 77 Hamilton Street, Paterson, New Jersey 07505.
Hire a Slip and Fall Lawyer
When you hire a slip and fall lawyer, they can help people who have been injured by obtaining evidence and evaluating claims that the injured person was responsible for causing the accident. A Passaic County slip and fall attorney may also be necessary to determine what insurance policies and defendants should be named when responsibility is spread across multiple owners or property managers.
FAQs
Should I Report a Slip and Fall to a Property Owner?
Yes, you should report a slip and fall to a property owner. This provides documentation of when and where you fell. If you slipped and fell at a business location, ask an employee or manager to write up the accident and provide you with a copy of any report that you are allowed to have. Answer questions truthfully about what occurred, but do not speculate about why you fell or the severity of your injuries.
What if the Owner Refuses to Make a Report?
If the owner refuses to make a report, make sure that you write one yourself. Include the date and time of the accident, the location where you fell, the names of any employees you spoke with, and a description of the dangerous condition that caused you to fall. If you took pictures or have contact information for witnesses, make sure to save them. Also keep receipts or other documentation that prove you were lawfully on the property at the time of the fall.
Can I Make a Claim for Falling at Someone’s House?
Yes, you may be able to make a claim for falling at someone’s house. In some cases, homeowners can be legally responsible for injuries that happen to guests and other people who are legally entering their property. Any claim would likely involve the homeowner’s insurance company rather than having the property owner directly pay out any claimed losses. Liability depends on a number of factors.
What Happens if I Slip and Fall at My Apartment Complex?
If you slip and fall at your apartment complex, you would need to establish liability, which could be complex depending on the circumstances. It may matter where you fell and who had control over that area. For example, a landlord or property manager may be responsible for some areas of common access. This can include hallways, stairways, entrances to the building, and parking areas.
The Montanari Law Group, LLC Can Help
If you were injured in a slip and fall accident, The Montanari Law Group, LLC can help. Contact us today to schedule your free consultation.
Passaic County Slip and Fall Lawyer Reviews
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
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