A slip and fall accident occurs any time someone sustains an injury as a result of a fall on someone else’s property, whether it is a commercial property or residential property.
The classification of this action depends on the person who fell and their status at that other person’s property. For instance, if an individual is at a residential home and invited as a guest, the law could be different for that person than if they were at a store. That person is considered a business invitee and may therefore be providing some sort of benefit to the property owner. Usually, that is a commercial store where they are getting a benefit from that person because an individual is there to shop or spend money.
For more information on this topic, speak with a knowledgeable slip and fall attorney today. A local lawyer may be able to offer you more insight on public vs private property in Cherry Hill slip and fall cases.
Common Slip and Fall Scenarios
In most trip and spill cases, the main cause is usually conditions that are found on the floor. That can be either liquid that was spilled or objects on the ground. Snow and ice could potentially result in a slip and fall, as well.
In a tripping and falling accident, the injuries can vary. In many cases, an individual suffers back injuries and broken bones to the legs or the arms. Some injuries from slip and falls are horrific. There could also be head injuries when a person falls. When an individual’s body goes down and they are not anticipating it, they could get hurt to all parts of the body.
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Liability for Falling Accidents on Public vs Private Property in Cherry Hill
Liability depends on whether the slip and fall occurred on public or private property. If it took place on private property, like a residential property, for example, there is a different duty owed by the property owner. When dealing with a public property, however, there are two elements to keep in mind. If it is a commercial property, there is a duty that is owed.
Filing Trip and Spill Claims against the Government
If it is a public property owned by a public entity, such as the state, township, or city, a different analysis is done for them, because the New Jersey Tort Claims Act is going to apply. There are certain things that need to be proven both from a liability standpoint and from an injury standpoint when dealing with a public entity.
The New Jersey Tort Claims Act gives someone injured in a trip and fall accident on public property only 90 days to file a tort claims notice. If a person does not file the tort claims notice within 90 days of the slip and fall injury, they could potentially be barred from ever bringing a lawsuit against that public entity. There are some exceptions to those rules, and there are some ways to get around them. The general rule, and one that a person may want to abide by, is to protect themselves by letting a lawyer take the lead in filing a tort claims notice within 90 days.
Crucial Aspects of Slip and Fall Cases in Cherry Hill
In addition to distinguishing between public vs private property in a Cherry Hill slip and fall case, lawyers may be required to prove that there is a dangerous condition of a property and that the defendant had notice of that condition. That notice for a commercial defendant can be either actual notice or constructive notice, meaning if they would have done reasonable inspections, they should have been aware of this dangerous condition. A lot of people do not realize that it is an aspect of the case that needs to be proven. In addition to a dangerous condition, they also need to prove notice, either actual or constructive, for the defendant.
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