Slip and fall accidents are quite common in restaurants, grocery stores, and private properties and can happen to anyone. Sometimes these accidents are minor but there are a few times where it can lead to severe injuries. If you have been wounded after tripping, you may be entitled to compensation, but you first need to show that the accident was caused by a careless party. Many factors can help you win a slip and fall accident case. Fortunately, you can hire New Jersey slipandfall lawyers at Harrell Injury Lawto help you navigate the litigation process and get justice.
Establishing fault in the accident
If you want to file a claim, you will have to provide evidence showing the property owner intentionally or accidentally caused your injuries and losses. For instance, you must prove the following. The landowner should have known that the unsafe condition existed and corrected it before they got injured. In addition, you must prove that the landowner had ample time to remove the unsafe condition before the accident occurred. You must also prove that the landowner created the hazardous condition that caused your accident, like not removing an obstacle in your path.
Your claim must prove the different tenets of negligence. Negligence means that the tenet didn’t take action to ensure that their area was safe to walk around in. If they knew that their sidewalk was crooked or left trash on the path, it shows that they were aware of what was going on. But it needs to be easy to prove with solid evidence. Once you have that, then you can move on with the rest of your case.
Duty of care
You should show that the landowner or property owner had a duty of care to protect you and all the other visitors from unsafe conditions. Everyone has this responsibility, and it can be used against you in a court of law. This is only a problem if your actions led to someone getting hurt. With landowners or property managers, it’s their job to ensure that they are taking care of their space and it’s safe for everyone. Failure to complete these tasks can lead to serious injuries.
Breach of duty
You should also show that the landowner or property owner violated that duty, resulting in your injuries. This is where your physical evidence comes to play. Showing your injuries and why you got them can help you get your case heard. Anything can happen when you’re walking around a public area. You have to show that if these people were doing their job properly, then you wouldn’t have gotten hurt.
You must prove that the violation of the duty of care caused you to get injuries and other damages like lost wages, medical bills, and pain and suffering. This is where you show the medical records that you acquired when you had to visit a medical professional. Your lawyer and the court can discuss how these injuries caused you grief and forced you to miss work. Having this evidence can help decipher what you need to be compensated for to pay back the wages that were missed.
You must show that the negligent party is liable for your losses and should compensate you for that damage. Your lawyer should have calculated how much you are owed to get back the money that was spent on medical expenses. You are owed that money back if you were not the sole reason for your injury. If you can prove that you wouldn’t have gotten hurt if everything was taken care of, then you have a solid case.
How Duty of Care Determines the validity of your case
In many cases, the duty of care of the landowner or property owner depends on the visitor’s status and may determine whether the victim has a valid injury claim or not. If you lived in the apartment building the property manager works at, then you’re more likely to get what you’re owed back. As you are a tenant whose rent should cover the costs of the building. However, if you were just visiting to check the apartment out, then things can get complicated. But that doesn’t mean the property owner is not fully responsible for your accident.
An invitee is permitted by the property owner to come onto the property. For example, a relative, friend, or neighbor may be considered an invitee. The landowner typically has a duty of care to keep the property safe for all invitees. Property managers are meant to upkeep the building to make sure that everything is running smoothly. Failure to do their job can cause serious issues for not only the tenets but for their loved ones. They need to ensure that everyone who walks in the building can do so without getting hurt.
A licensee is a person who has the property owner’s permission to come into the property for his or her reasons or purposes. For example, a licensee can be a salesperson or contractor. In this case, the owner has less duty of care to alert the licensee about a hazardous condition that may harm them. Everything must be safe for the licensee, but they aren’t fully responsible for whatever happens to them. So, they should pay attention to their surroundings while they are visiting the apartment complex.
A trespasser is not permitted to get into the property or the premises by the owner. Property owners do not legally have a duty of care to trespassers unless they are children. If a trespasser gets hurt, that will make their injury their sole responsibility. Simply because they could have avoided this issue by not committing a crime. The property manager would not have to take the blame for the trespasser’s actions.
You can qualify for an accident claim by proving that the property owner is responsible for the accident because they failed to take reasonable steps to protect you. Additionally, you must show that the property owner owed you a duty of care, and breached that duty, which in turn caused your accident and you sustained injuries and other losses. Once you have enough evidence to prove that you didn’t cause the accident, then you have built a solid case. Your lawyer can assist you in getting your case seen in a court of law where can fight for compensation.