Bloomfield Slip and Fall Accident Lawyers

Slip and fall accidents happen suddenly, leaving individuals with serious injuries and mounting medical bills. The physical pain and financial strain that follow these incidents can create significant hardship for injured persons and their families. 

New Jersey property owners have a legal responsibility to maintain safe premises for visitors. When they fail to fulfill this duty and someone suffers harm as a result, the injured person may be entitled to compensation. The Bloomfield slip and fall accident lawyers at Goldstein & Goldstein, LLP understand how these unfortunate situations derail lives and are committed to helping clients receive fair compensation for their injuries.

What Qualifies as a Slip and Fall Accident?

A slip and fall accident occurs when someone slips, trips, or falls due to a dangerous condition on someone else’s property. These incidents commonly happen in grocery stores, shopping malls, restaurants, office buildings, apartment complexes, and private residences. Hazards that frequently cause such accidents include wet floors without warning signs, uneven surfaces, poor lighting, broken stairs, torn carpeting, unmarked elevation changes, or ice and snow accumulation.

The legal concept that applies to these cases is premises liability, which holds property owners accountable for maintaining safe conditions. Different classifications of visitors (invitees, licensees, or trespassers) may affect a claimant’s legal rights, though.  

What Injuries Commonly Result From Slip and Fall Accidents?

Slip and fall accidents can cause a wide range of injuries varying in severity. Some of the most common include:

• Fractures and broken bones, particularly in the wrists, arms, ankles, and hip.
• Head injuries, including concussions and traumatic brain injuries.
• Spinal cord injuries and herniated discs.
• Knee and shoulder damage, including torn ligaments.
• Soft tissue injuries like sprains and strains.
• Cuts, bruises, and abrasions.

Many of these injuries require substantial medical treatment, rehabilitation, and recovery time; some result in permanent disability or chronic pain. Our Bloomfield slip and fall accident lawyers work with medical professionals to document the full scope of client injuries and their impacts on daily life. That strengthens claims for compensation.

How Do I Prove Liability in a Slip and Fall Case?

Establishing liability in a slip and fall case requires demonstrating several key elements:

• The property owner owed you a duty of care.
• A dangerous condition existed on the property.
• The property owner knew or should have known about the dangerous condition.
• The property owner failed to fix the hazard or provide adequate warning.
• This dangerous condition directly caused your accident and resulting injuries.
• You suffered actual damages as a result.

Evidence gathering and presentation are fundamental to proving these elements. Examples of usable evidence include photographs of the hazardous condition, incident reports, surveillance footage, and witness statements. 

Medical records and expert testimony can convince insurance companies and courts of the seriousness of a claimant’s injuries. Our Bloomfield slip and fall accident lawyers conduct thorough investigations from all angles to gather all relevant evidence to support these personal injury claims.

What Makes a Slip and Fall Case Different in Commercial Versus Residential Properties?

Commercial properties typically face stricter liability standards than residential ones because they invite the public for business purposes. Commercial owners must regularly inspect their premises and promptly address hazards, while residential property owners generally have less rigorous inspection requirements. 

Commercial establishments often have greater resources, including insurance coverage specifically for customer accidents. Documentation like incident reports, maintenance logs, and surveillance footage is usually more available in commercial settings. Additionally, multiple parties might share liability in commercial cases, including property owners, management companies, maintenance contractors, and tenants, making these cases potentially more complex but sometimes more viable.

What Are the Most Common Defenses Used Against Slip and Fall Claims?

Our Bloomfield slip and fall accident lawyers successfully challenge various defenses against slip and fall claims. A common one is arguing that hazards were open and obvious, meaning a reasonable person would have noticed and avoided them. They may claim comparative negligence, suggesting you were distracted (like using your phone) or wearing inappropriate footwear. 

Another defense is a lack of notice, asserting they had no reasonable opportunity to discover and correct the dangerous condition. Some defendants argue they maintained adequate warning signs or that your injuries existed before the accident or were exaggerated. Finally, they might challenge the claim based on trespassing if you weren’t legally permitted to enter the property.

What is the Statute of Limitations for Filing a Slip and Fall Lawsuit in New Jersey?

In New Jersey, the statute of limitations for personal injury claims, including slip and fall accidents, is generally two years from the date of the accident. This means you must file your lawsuit within this timeframe or lose your right to seek compensation through the courts.

There are some exceptions to this rule, such as cases involving minors or government entities, which may have different deadlines or notice requirements. We recommend consulting with our Bloomfield slip and fall accident lawyers as soon as possible after your accident to make certain all deadlines are met and your rights are protected.

How Does New Jersey’s Comparative Negligence Law Affect My Case?

New Jersey follows a modified comparative negligence rule, which means your compensation may be reduced by your percentage of fault for the accident. If you are found to be more than 50 percent responsible for your injuries, you cannot recover damages.

For example, if you are awarded $50,000 in damages but found to be 20 percent at fault, your compensation would be reduced to $40,000. The defense may try to shift blame by claiming you were not paying attention, were wearing inappropriate footwear, or ignored warning signs. Our attorneys anticipate these tactics and work diligently to counter those arguments.

Should I Talk to Insurance Companies After a Slip and Fall Accident?

We generally advise against providing detailed statements to insurance companies without legal representation. Insurance adjusters aim to minimize payouts and may use your statements against you. They might also offer quick settlements that seem attractive but fail to cover your long-term needs.

Our attorneys handle all communications with insurance companies on your behalf, protecting you from potentially harmful interactions. We negotiate firmly to achieve fair settlements and are prepared to take your case to trial if necessary.

Reach Out to Our Experienced Bloomfield Slip and Fall Lawyers at Goldstein & Goldstein, LLP

Goldstein & Goldstein, LLP provides free initial consultations. To learn more, call our Bloomfield slip and fall accident lawyers at 973-675-8277 or submit our online form. Located in East Orange, New Jersey, we serve clients in the surrounding areas.