The term “slip, trip and fall” is used for a personal injury lawsuit in which an individual slips, trips or falls on someone else’s property. If you were injured in a slip, trip and fall accident, you may contact the responsible party and request compensation for medical bills and other expenses. The parties may agree on a price to settle the injury claim.
However, the responsible party may refuse to pay, and you will have to sue to receive money. Fontanella, Benevento, Galluccio & Smith has experienced slip, trip and fall lawyers who are dedicated to helping you receive money for a slip, trip or fall claim.
When injured in a slip, trip and fall accident, you must prove that the other party was responsible for what happened. Often, there are two questions that must be answered in a slip, trip and fall accident.
- Who are the possible liable parties?
- Out of those parties, who was actually negligent?
The next step in proving liability is if the injured party can show one of two things:
- The property owner or one of its employees should have noticed, repaired or removed the dangerous condition such as a pool of water on the floor. The court often takes a look at what a responsible person would have done in the same or similar circumstances. Therefore, the court may consider if a reasonable person would have recognized or identified the same condition.
- A property owner or its employee caused the dangerous condition that lead to your slip, trip and fall accident by leaving the potential danger in the walking path. Again, the court will consider if a reasonable person would have acted the same way. For example, the court would consider whether a reasonable person would have slipped, tripped or fallen in the same circumstances.
Slip, Trip and Fall Lawyers Help Prove Negligence
Since a slip, trip and fall accident is a personal injury case and not a criminal one, negligence must be proven. Negligence simply refers to showing that a property owner or an employee knew or should have known of the dangerous condition.
For instance, if you simply slip, trip and fall because you’re not looking where you’re going, it may not be the property owner’s fault. There must be a potentially hazardous or dangerous situation involved. Thus, showing fault involves proving the:
- Responsible party created the hazardous or dangerous condition
- Responsible party knew the hazardous or dangerous condition existed and failed to correct the situation
- The hazardous or dangerous condition existed for so long that the property owner should have discovered and corrected the problem prior to your accident
- Responsible party may have avoided a relevant New Jersey statute such as a building code violation
If you have slipped, tripped or fallen on someone else’s property and were injured, you may have a legal claim. We at Fontanella, Benevento, Galluccio & Smith can assist you in receiving the compensation you deserve.