Mount Laurel Township Slip and Fall LawyerRequest a Free Consultation
While slipping and falling might not seem like a common danger, there are countless ways that you could fall and hurt yourself. However, in many cases, these accidents are entirely preventable. Property owners, managers, and those responsible for maintaining a space have a legal responsibility to ensure visitors do not suffer injuries due to hazardous conditions on the premises. When they fail to uphold this duty of care, they might face legal consequences for their actions.
For instance, laws exist to hold a negligent party financially accountable if a plaintiff trips and falls in a poorly maintained space. To learn more about the law or begin your claim, speak with an experienced Mount Laurel Township slip and fall lawyer. Our seasoned injury attorneys could assess the accident, determine whether a property owner breached their duty of care, and help you file your case.
The Common Injuries Seen in Slip and Fall Accidents
Slips, trips, falls are the number one cause of life-altering injuries for people over the age of 65. Typical injuries seen in slip and fall cases include but are not limited to:
- Knee and ankle sprains
- Deep lacerations
- Shoulder dislocation
- Concussions and traumatic brain injuries
- Hip displacement or fractures
- Painful back and spinal cord damage
A seasoned slip and fall attorney in Mount Laurel Township could help an individual collect the evidence needed to prove liability after tripping in a dangerous space.
Who is at Fault in Slip and Fall Claims?
Proving negligence in a slip and fall claim relies on four critical elements
Duty of Care
The first critical element in fall or slip claims is the duty of care. Under this idea, a property owner needs to reasonably inspect their space and make sure it is free of hazards.
Failure to Provide a Duty of Care
The second component is failure to provide this duty of care. If an owner invites a guest onto the premises either by explication or implication, and the property is dangerous, the claim meets the requirement to file a lawsuit. If a property owner invites a guest onto a space that they knew was dangerous, they breach their duty of care and might cause someone to slip or fall.
Causation refers to the relationship between a hazardous condition and a plaintiff’s slip and fall injuries. To collect compensation for an accident, a claimant needs to demonstrate, with evidence that the dangerous condition caused them to trip and fall.
Finally, the last element of establishing liability after a slip and fall is proving that a plaintiff was hurt in the accident. For a successful claim, the plaintiff must have suffered injuries that can be verified through medical bills and records. A hardworking Mount Laurel Township lawyer could help collect this evidence and factor it into a slip and fall lawsuit.
The Modified Comparative Negligence Rule in Trip and Fall Cases
State laws establish something known as the modified comparative negligence rule. According to the New the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1, modified comparative negligence means that even if a plaintiff shares a portion of the liability for an accident, they should still be able to recover damages. If a plaintiff is found to be partially responsible for an incident, the court will subtract a claimant’s percentage of liability from the total settlement amount.
However, if the court finds the petitioner is over 50 percent liable for slipping and falling, the statute will prevent them from any financial recovery. A hard-working slip, trip, and fall lawyer in Mount Laurel Township could help prove liability and calculate damages under the comparative negligence rule if necessary.
Schedule an Appointment with a Skilled Slip and Fall Attorney in Mount Laurel Township
If someone’s negligence caused you to slip and fall, you have every right to expect them to pay. State legislation requires property owners and managers to regularly inspect their space and make repairs as necessary. When they are careless, they should be held accountable.
An experienced Mount Laurel Township slip and fall lawyer could help you collect the evidence needed to prove liability and recover the financial compensation you deserve. Call today to speak with our team and get started on your case.