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Greg Prosmushkin

Slip and Fall Injury Lawyer Trenton

If you or a loved one were injured as a result of a Slip or Trip and Fall, there are some important and rather unique laws in New Jersey which will dictate whether you can bring a claim or not. However, before we discuss this aspect of the law, the main lesson to be learned from a slip and fall, or a trip and fall, is that simply because you are injured on someone else’s property does not mean that you have an unfettered right to make a claim. Before a claim can be made, you must prove that the owner knew or should have known that the condition was there in the first place. This is true regardless of the condition. Nevertheless, the nature of the condition could be a useful piece of evidence in determining whether the owner knew or should have known the condition preexisted the fall.

Trenton Lawyer for Slip and Fall Injury

Actual Notice

Actual notice is proof that the owner of the property was aware the condition existed, and failed to correct same, or warn if not correctable. This is very difficult to prove unless the owners themselves created the condition. For example, A spill in a supermarket or product that fell to the floor and caused someone to trip is usually a transient condition, and very difficult to prove that the store knew was there and failed to clean it up.

Constructive Notice

Constructive notice concerns itself with what the defendant should have known, rather than what they knew. For example, the store in the example above needs to have procedures in place to inspect its property to be able to identify tripping and slipping hazards. If the store has no set procedure, then an argument can be made that they should have known about the condition. Also, the nature of the condition can be important. For example, soda that spills and then becomes sticky and hard from being on the floor for too long is evidence that the defendant was not working with set inspection procedures. This, in turn, may result in their liability to you or your loved one.

If you or a loved one were injured as a result of a slip and fall or trip and fall, call The Law Office of Greg Prosmushkin, P.C. Our Personal Injury Lawyers and staff will assist you with your claim, and help you obtain the best overall settlement or verdict possible. Not sure if you have a claim? Call the office for a free consultation.

In addition to the proof issues that accompany the slip and fall case, the type of property in New Jersey is also critical to a successful claim.

Private Property Liability

A home is a private property. In New Jersey, the owners of a home have no responsibility to you as a passerby if you Slip and Fall on ice or trip over something on the homeowner’s property, unless the homeowner affirmatively undertook to repair or improve their property, and did so in a negligent manner. This claim works for you if you’re hurt. However, normal conditions not created by the homeowner will fail, as the homeowner generally is not responsible for conditions on their land but for the exception stated above.

Non Private Property/Commercial Property

Businesses, commercial property owners, and Tenants do not share the same immunity from suit as private homeowners or property owners who are not commercial owners. Under this class of property, you retain all your rights to sue and for common law principals, such as negligence.

Lawyer for Slip and Fall Injury Trenton Free Consultation

If you have any questions about yourself, a loved one or a family member and a fall, call or email The Law Offices of Greg Prosmushkin, P.C. today. We can help, and the consultation is absolutely free of charge.

This content was written on behalf of Greg Prosmushkin.