Who Can Be Held Liable for a Slip and Fall Accident in Bad Weather?
Slip and fall accidents can happen at any time of the year. But, many of them happen in bad weather, particularly during the fall and winter months, here in New Jersey. Continue reading to find out who can be held liable for the incurred damages when a slip and fall accident happens during bad weather.
Who’s Responsible for a Slip and Fall Accident?
Responsibility or liability from a slip and fall accident depends on many factors. The cause of the accident is one of the biggest contributing factors. While the weather may be one cause, a slip-and-fall accident is also usually due to another. For example, a person visiting a store during the winter months may slip and fall due to ice. But, it’s also important to consider why the ice was still there and if the property owner had any duty in clearing it before patrons entered the area.
How Property Owner Responsibility in New Jersey Factors into Bad Weather
Business property owners in Westfield, New Jersey are expected to maintain their properties, which includes removing any known hazards. This may include removing ice or snow following a winter storm. This also includes the interior of the property, which may mean promptly mopping up spills or snow that was tracked in and subsequently melted.
Homeowners in New Jersey don’t necessarily have the same duty as business owners unless the homeowner is renting their property to someone else. Single-family homeowners, however, are expected to remove snow or ice that may make winter conditions worse. Of course, homeowners aren’t expected to maintain the same level of safety in the interior of their homes. This means the location where a slip and fall accident occurs matters. If you slip and fall within your own home, you may be limited as to liability.
If you slip and fall while visiting a shop or other commercial business, it’s possible that the property owner or manager may be to blame. Sometimes, it’s not clear who’s responsible for a slip and fall accident, which is why you need to hire an experienced Westfield personal injury lawyer to investigate the details of your claim.
Important Steps to Take After a Slip and Fall Accident in Westfield, NJ
There are a few important steps to take after a slip and fall accident. These steps protect your overall health and legal options and include:
- Receive medical care: It’s always a good idea to receive medical care after a slip and fall accident. While you may feel fine, it’s possible that you hit your head or that you’ll have symptoms later. Waiting too long to seek medical care could come back to hurt your compensation claim later on.
- Preserve evidence: It’s also a good idea to preserve any evidence that may be available from the scene of the slip and fall accident. This includes photographs of the dangerous condition. It is likely that the property owner will clean up the scene soon after the slip and fall, preserving critical evidence is time-sensitive.
- Contact a Westfield personal injury lawyer: Contacting a lawyer can help you determine liability. Your personal injury lawyer can also help you build your case while you focus on what matters the most – your recovery.
- Calculate damages: Calculating your damages ahead of time can help you better evaluate any settlement offers that you may receive. Be sure to include all current and future medical bills, lost wages, and even pain and suffering.
A personal injury lawyer can help you complete these steps. Be sure to reach out to a personal injury attorney soon, as you have just two years to file a slip and fall claim.
Contact a Personal Injury Lawyer Near You to Discuss Your Slip and Fall Accident Case in New Jersey
Were you or a loved one injured in New Jersey due to a slip-and-fall accident? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Middlesex, Edison, Perth Amboy, Westfield, New Brunswick, and throughout Ocean County, Monmouth County, Union County, and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3315 Route 35, Hazlet, NJ 07730 as well as offices in Red Bank, Brick, and Westfield.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
