Slip and fall accidents injure thousands of people each year. They often occur without any warning and in places where you would never expect to sustain an injury, like the grocery store, at work, at school, or even walking on the sidewalk in front of your house. Thankfully for victims, when slip and falls are the result of someone else’s negligence, they can usually recover compensation from the at-fault party.
Establishing Negligence Typically Requires Evidence
Negligence occurs when a person fails to use the degree of care that would ordinarily be used by a reasonable person in the same or similar circumstances. This legal definition means that in most personal injury cases, the determinative question is “would a reasonable person acted as the defendant did?”
For example, would a reasonable shopkeeper fail to clean up a spill for several hours? Probably not. On the other hand, a reasonable shopkeeper likely would not be able to clean up a spill in a matter of seconds, no matter how vigilant or meticulous he or she was. In these examples, the first shopkeeper would likely be deemed negligent if the spill caused an injury, while the second would likely not.
As the person who was injured in an accident, the burden is almost always on you to provide evidence of negligence (the only caveat to this rule is when an accident could not have occurred in the absence of negligence – consider a piano falling off a roof.) For this reason, if you are hurt in a slip and fall, you should try and take photos of the hazard that caused your accident, as they could be used to establish that your accident was the result of negligence on the part of the person or party responsible for the maintenance of the property. Some examples of slip and fall hazards that are often the result of negligence include:
- Exposed electrical wiring
- Torn carpet
- Debris in walkways
- Uneven flooring
- Stairwells without railings
- Cracks in pavement
- Wet or slippery floors
- Inadequate lighting
In addition to taking pictures, if your slip and fall accident took place in a commercial setting, you should be sure that an official incident report is filled out. Other ways to gather evidence include collecting contact information from anyone that witnessed your slip and fall and seeing a medical professional to generate evidence detailing your injuries. Finally, be sure to call an attorney as soon as you can.
Call Us Today to Schedule a Free Case Evaluation with a New Jersey Personal Injury Attorney
If you have been hurt in a slip and fall accident in New Jersey, there’s a chance that you are entitled to compensation for all of your accident-related damages. At Lomurro Law, we understand how devastating slip and falls can be and are committed to getting our clients the full value of their claims. To schedule a free consultation with a personal injury lawyer in New Jersey, call our office today at 732-482-9285 or contact us online.