A slip and fall accident can instantly cause significant harm and leave you in a perilous financial state. If you need a New Brunswick slip and fall attorney, contact the lawyers at Brach Eichler Injury Lawyers ASAP. Falling injuries are often the fault of another party, and they can be legally liable for your injuries. Brach Eichler Injury Lawyers can investigate your accident injury case and pursue a claim against the responsible parties. Falling injuries can exert a heavy financial burden, but we can help recover compensation for any injury-related losses you have suffered.

Contact us today or call (973) 364-8300 to speak to a personal injury attorney about your New Brunswick slip and fall injury claim.

Common Causes of Slip and Fall Accidents in New Brunswick

Common causes of slip and fall accidents in New Brunswick include:

• Ice and Snow – New Brunswick has harsh winters, so ice and snow are always a concern. Ice and snow accumulation in parking lots and on sidewalks is a significant cause of falling injuries.
• Uneven Flooring – Uneven flooring, like sidewalk cracks, loose floorboards, potholes, and broken tiles, can all cause a person to lose their balance and fall over.
• Floor Clutter – Floor clutter and obstructions, like boxes, rugs, stacks of books, furniture, and other objects, all pose a tripping hazard.
• Spills – Liquids and oils can create slippery surfaces. For instance, wet floors after mopping are an extremely common slipping hazard in retail and grocery stores.
• Insufficient Lighting – Poor lighting obscures hazards and makes it easier for someone to trip and fall on them.
• Lack of Safety Railings – Some staircases or steep inclines may pose a falling risk if they lack appropriate handholds for stability and balance. 

Slip and fall accidents are most common in public places and places with lots of foot traffic, such as:

• Grocery stores
• Private residences
• Sidewalks/parking lots
• Retail outlets
• Stairs/escalators/elevators
• Restaurants
• Sports stadiums
• Workplaces

Injuries That Falling Accidents Can Cause

Falls can cause severe injury when the victim collides with the ground or a nearby fixed object. Falling injuries often include:

• Muscle and ligament strains
• Wrist and ankle strains
• Bruises and soft-tissue injury
• Broken bones
• Abrasions and scrapes
• Herniated discs
• Neck injuries
• Spinal cord injuries
• Pinched nerves
• Concussions and TBIs
• Paralyzing injuries

Regardless of the nature of your injuries, you should get immediate medical attention after a fall. Medical documentation and a diagnosis are key pieces of evidence in slip and fall claims.

Who Is Most at Risk for Slip and Fall Accidents?

The group most at risk for slip and fall accidents is seniors. According to the CDC, falling is the number one cause of accidental injury in adults over the age of 65. About one in four older adults report a fall injury annually, and almost 40 percent of fall victims receive medical treatment for injuries. Nearly 300,000 people injure themselves in falls each year in New Jersey.

Other groups that face a higher risk of falling accidents and injuries include:

• Children
• People with medical conditions
• Individuals who take certain prescriptions
• Disabled people
• Workers in specific industries (e.g., construction)

Determining Liability in Slip and Fall Cases

In New Jersey, property owners have a legal duty to keep their properties safe for guests. If a property owner neglects this duty and someone gets hurt, the owner can be held liable for their injury-related expenses. The legal term for this owner responsibility is called premises liability. So, if an owner doesn’t take reasonable steps to fix or remove a slipping/tripping hazard, they could be financially liable for falling injuries.

The exact effort a property owner must exert to find and fix dangerous conditions depends on the visitor’s legal status. New Jersey law recognizes three main types of visitors.

Invitees

Invitees include guests legally on the property for business or commercial purposes – the most obvious example being customers. Property owners have the highest duty of care to invitees. They must regularly inspect the premises for hidden dangers, post warnings about potential hazards, and fix dangerous conditions in a timely manner.

For instance, imagine that a store owner neglects building inspections and a customer slips and falls due to unstable flooring. Since the victim is an invitee, the owner has a duty to inspect and fix dangerous flooring. Breaching this duty thus opens them up to civil action.

Licensees

Licensees are guests who are on the premises for personal, non-commercial reasons, like house guests. Owners generally must take steps to fix known hazards or post warnings for licensees, but they do not have to inspect the property regularly for hidden dangers. If the owner knew about a hazard and did not warn the guests, they could face liability.

Trespassers

Trespassers are visitors who do not have permission to be on the property. Owners do not owe trespassers any particular duty of care and do not have to keep them safe from dangerous property conditions. They cannot, however, intentionally try to harm trespassers by deliberately creating dangerous conditions.

Compensation You Can Recover in a Slip and Fall Case

It is impossible to say beforehand how much you can get in any particular slip and fall claim. The total figure will depend heavily on the specifics of the case. Brach Eichler Injury Lawyers will investigate your situation to identify as many sources of compensation as possible. To that end, we can pursue money for your:

• Emergency medical costs and continuing medical expenses
• Lost income from missing work
• Diminished lifetime earning capacity due to disability
• Cost of replacement services (e.g., childcare, alternate transportation)
• Pain and suffering
• Emotional anguish
• Loss of life convenience
• Scarring and disfigurement

How Long Do I Have to File a Lawsuit for Slip and Fall Injuries?

Every state has a statute of limitations that limits how long injury victims have to bring a civil claim for compensation. In New Jersey, the time limit on all personal injury lawsuits – slip and fall claims included – is two years from the injury date. Once two years pass, any legal claim to compensation is void, and you won’t be able to recover your losses through legal channels.

Typically, the clock for filing starts ticking the day the cause of action accrues. However, there is an exception for hidden injuries. If your injuries were not initially detectable, the start date is tolled from when you discovered the injuries. Many injuries from slip and fall accidents, like concussions, might not produce symptoms until months later. This exception exists to maintain fairness in cases involving undetectable injuries.

Slip and Fall Accident FAQ

If you have more specific questions about slip and fall accidents in New Brunswick, give us a call to speak to a partner from Brach Eichler Injury Lawyers.

How can I prove the property owner was at fault in my slip and fall accident in New Brunswick?

An attorney can rely on several types of evidence to prove there was a hazard and that the owner had notice, including:

• Communications records showing the owner knew about the hazard
• Surveillance footage showing that the hazard was present
• Previous property maintenance efforts
• Photos and videos of the accident scene
• Medical documentation of injuries
• Building inspection reports
• History of complaints/incidents

What if the property owner says the slip and fall accident was my fault?

New Jersey uses a comparative negligence system for apportioning damages, so sharing fault doesn’t automatically bar you from recovering compensation. As long as you are less than 51 percent at fault, you can file a claim for remuneration. Any fault you share will reduce any final settlement accordingly. For instance, if you are 20 percent at fault and your total compensation is $100,000, you will receive $80,000. An attorney can work to minimize your shared liability and maximize compensation.

Can I file a slip and fall claim in New Brunswick if the hazard was there for a long time and wasn’t fixed?

Yes, you can file a slip and fall claim for injuries due to long-term unfixed hazards. If the hazard has been present for a long time, there’s a good chance the owner knows or should know about it. If an owner knows about a hazard, they must take prompt steps to fix it or post warnings. Any unnecessary delays can open them up to liability via negligence if the hazard causes injuries.

Contact Brach Eichler Injury Lawyers Today to Discuss Your Slip and Fall Case

Many people dismiss the severity of slip and fall accidents, but falling injuries can have far-reaching consequences on your health and finances. If you have suffered a fall injury due to another’s negligence, you deserve a chance to recover your losses. Brach Eichler Injury Lawyers will stand at your side throughout the claims process, providing critical legal support and guidance. We have collectively recovered over $500 million for our clients and won’t settle until we have exhausted every legal avenue for restitution. When we are on the case, you can rest easy knowing you are in the hands of our competent and compassionate professionals.

Contact our firm online or reach out by phone at (973) 364-8300 for a free case consultation with a New Brunswick personal injury attorney.