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If you receive injuries in a slip-and-fall accident on someone else’s property, the property owner or person operating the property may be legally responsible for compensating you for your injuries.
If you were harmed in a slip-and-fall accident, you may be eligible to obtain compensation to help recover pain and suffering, medical bills, lost wages, and other out of pocket expenses. At Injury Lawyers of NJ, our slip-and-fall attorneys apply more than 50 years of combined personal injury practice experience in helping individuals injured in a slip and fall recover the full compensation provided under New Jersey law. The attorneys at Injury Lawyers of NJ have been bridging the gap for clients between victim to victor, and have successfully recovered more than $500,000 million in settlements and verdicts for our clients. This includes $ XXX for a victim of _______________. *
Premises liability — the area of law that addresses slip-and-fall accidents and other injuries received on another person’s property — involves extremely complex legal principles contained in state statutes and in common law established in court decisions. Our slip-and-fall attorneys at Injury Lawyers of NJ have over five decades of in-depth experience negotiating settlements and litigating court cases on behalf of clients injured in slip-and-fall and other accidents on business, private, and public property.
Every client benefits from the full breadth and depth of our lawyers’ experience, knowledge, and skill. We provide compassionate personal attention to each client, addressing every question and concern thoroughly, and communicating closely throughout the entire process. If you suffered injuries in a slip-and-fall accident, we offer a free initial consultation and handle cases on a contingent fee basis, which means you do not pay legal fees unless we recover compensation for you.
Slip-and-fall attorneys Sheri Breen and Natalie Zammitti Shaw established Injury Lawyers of NJ after practicing personal injury law together for almost 25 years at another firm. Their combined negotiated settlements total more than $500 million. Sheri and Natalie formed their own boutique law firm to offer every client the full benefit of their combined personal injury practice capabilities.
Our lawyers’ uncommon depth of experience is not the only quality that sets us apart from other law firms in the same practice area. Sheri and Natalie are hardworking disruptors who are proud of taking a non-traditional approach to personal injury law. They achieve victory for clients through case-specific strategic legal theories and creative analysis that maximize the client’s financial recovery. Both lawyers are tenacious, tireless, and highly skilled negotiators and litigators, who do not hesitate to take a case to court when litigation is necessary to achieve justice for the client. Natalie is certified by the Supreme Court of New Jersey as a Civil Trial Attorney, an achievement earned by only about 2.2% of all active attorneys in New Jersey and only held currently by approximately 30 women in the state.
Dedication to providing each client with compassionate, personalized attention is a central tenet of the firm’s practice. Our slip-and-fall attorneys connect with clients through straightforward, honest communication about the client’s concerns and about the legal aspects of the case, taking as much time as necessary to calm every worry and answer every question.
Educating and informing the client about the law and their options is a fundamental part of the discussion, because it enables the client to make fully informed decisions. We firmly believe that building a meaningful connection with each client is the best way to provide the client with a positive experience and create a relationship of mutual trust and respect — both of which are vital values of the firm.
A slip and fall can happen on private or public property. There are three main types of accidents that can occur:
Injury Lawyers of NJ have decades of experience helping victims become victors throughout New Jersey and the metro area of New York and have pursued claims against a multitude of different property owners:
The premises liability law that applies in New Jersey slip-and-fall cases or any case involving injuries received on private or public property includes state laws that apply in some situations, as well as common law principles developed in previous court case decisions. Establishing liability and recovering compensation in a premises liability case requires an in-depth understanding of the whole complex body of law, as well as the skill to apply the legal principles to the unique circumstances of a specific case.
Liability of a property owner or operator (such as a lessee or subcontractor) is based on the existence and breach of a legal duty owed to the injured person. Under the law, the level and nature of a property owner’s or operator’s duty depends on whether the injured person is a (business) invitee, licensee, or trespasser.
An invitee is one who is permitted to enter or remain on land for a purpose of the owner/occupier. The owner or operator owes the highest duty to a (business) invitee who is on the property by explicit or implied invitation, such as customers visiting any business establishment. Generally, the duty to invitees includes reasonable care in maintaining the property in a safe condition for visitors, which includes inspecting the property to discover hidden hazards and correcting the risks or providing a warning to keep the invitee safe.
A licensee is a person on property with the owner’s or operator‘s consent, but for their own benefit. Social guests, including invited friends and family, are usually considered to be licensees. The owner or operator has a duty to correct or warn the licensee of hazards within their own actual knowledge. The duty to a licensee does not include the duty to inspect the property for hidden hazards.
A trespasser is a person who is on property without an invitation or permission from the owner or operator. The only duty owed to a trespasser is the responsibility to warn of artificial conditions that could cause death or serious bodily injury. New Jersey law applies a slightly higher standard of care in the case of children trespassers.
If your fall occurred on public property, your claim is governed by the New Jersey Tort Claims Act, which means that you must give notice of the accident and file a claim within 90 days of the accident. In addition, you must show that you sustained a permanent injury with a significant impact upon your life.
Recovering compensation from the owner or operator of property requires establishing the existence of a duty and breach of that duty. In addition, the breach of duty must cause the victim’s injuries.
The burden is on the injured person to demonstrate the duty, breach, and causation. The victim also must provide evidence to establish the value of their losses and injuries. Premises liability accidents often involve severe, life-changing injuries — such as head, brain, neck, spine, and internal injuries — and may even be fatal. Fully documenting the extent of the harm to the victim is an essential part of recovering compensation in a premises liability case.
In New Jersey, a modified contributory negligence rule applies in slip-and-fall and other premises liability cases. If the injured person’s own conduct was a cause of the accident to the extent of more than 50%, no recovery is allowed. If the victim’s conduct contributed 50% or less, compensation is reduced by an amount equivalent to the percentage of fault.
In most slip-and-fall and premises liability cases, an insurance company is responsible for paying compensation under the terms of the owner’s or operator’s liability insurance policy. Making a claim and obtaining compensation requires negotiating with an insurance representative, whose primary goal is to deny or minimize compensation. An injured victim who attempts to negotiate without assistance from an experienced lawyer is likely to recover no compensation at all or much less compensation than a knowledgeable slip-and-fall accident attorney could obtain.
Slip-and-fall accidents caused by slippery or wet conditions are one of the most common types of premises liability claims. But a property owner or operator also may be legally liable for injuries from trip-and-fall accidents and injuries from other causes, such as:
These are just some examples of the situations that can lead to a premises liability claim. Injuries sustained because of the condition of property fall within the purview of premises liability. The lawyers at Injury Lawyers of NJ handle all types of premises liability claims.
In premises liability law, an injured victim must show that the owner had notice of the hazard, in addition to showing that the premises were not in a reasonably safe condition. The required notice can be either that the property owner knew (had actual notice) or that the owner should have known (had constructive notice) about the hazard.
Proving constructive notice can be challenging but is often necessary in a premises liability case. When an owner’s duty includes making periodic inspections and fixing dangerous conditions or warning about the danger, such as where the public is invited to a business, investigation and evidence may prove constructive notice by showing that the condition existed for a sufficient period of time that the owner should have taken reasonable steps to fix it or at least provide a warning.
Determining damages (financial recovery) in a slip-and-fall accident case involves calculating damages based on a wide range of losses, including both economic (financial) and non-economic (non-financial intangible) losses, such as:
Other accident-related expenses and losses may also be recoverable as part of damages under New Jersey law.
Calculating all the elements of compensation and documenting the losses with evidence is a complex undertaking. Our slip-and-fall attorneys know how to collect and analyze evidence of all the ways in which an accident impacts the victim’s well-being and quality of life. Proper determination of full compensation is one of the reasons that a victim with legal representation is likely to recover more damages than an injured person who does not seek legal counsel after an accident.
To build the best case for liability and compensation, our slip-and-fall attorneys conduct an exhaustive investigation into all the circumstances relating to the accident and the nature and impact of the victim’s injuries, including their present and future medical condition.
We will:
In most slip-and-fall cases, victory comes through a negotiated settlement, rather than in a courtroom verdict. However — unlike many premises liability attorneys who try not to take a case to trial — our slip-and-fall attorneys at Injury Lawyers of NJ never hesitate to try a case to verdict when court proceedings are necessary to secure the full compensation the client deserves.
The remarkable proven success of the negotiation and litigation skills of our lawyers is one of the most notable distinctions that sets us apart from other law firms. Our reputation for taking cases to trial is a significant benefit to clients — even during the negotiation stage of a claim. Insurance company representatives and adverse parties know that our slip-and-fall attorneys will go to court for victory if they do not obtain justice for the client in the settlement negotiation process.
Injury Lawyers of NJ suggest you take the following steps to protect your rights from victim to victor:
If you suffered injuries in a slip and fall or another type of premises liability accident, our slip-and-fall attorneys offer a free initial consultation to discuss your case. We help clients throughout the State of New Jersey. Our attorneys at Injury Lawyers of NJ are also licensed in the State of New York.
If you retain us to represent you, we take the case on a contingent fee basis. You do not pay us any legal fees unless we recover compensation for you. We welcome you to use the online contact form to schedule a no-cost consultation to discuss your case.
*Results may vary depending on your particular facts and legal claims
Injured due to someone else's negligence? Our experienced lawyers offer a free, no-obligation consultation to discuss your case.
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