The South Jersey slip and fall attorneys of Nugent Law have helped many clients understand their rights and have represented their interests in premises liability cases for over 26 years. Many slip and fall cases start with a question of liability. Who is financially responsible for your injuries or damages? In order for the owner of an unkempt property is responsible for your injuries, one of the following must be true:
- The owner or employee of the premises caused the spill, worn or torn spot, or dangerous surface or item, to be underfoot.
- The owner or employee of the premises knew of the dangerous situation and did nothing about it.
- The owner or employee of the premises knew should have known of the dangerous situation because a "reasonable" person taking care of the property would have discovered and amended the situation.
In addition to an owner or employee's negligence, an insurance company and court will take into account "comparative negligence"-whether your own actions or inactions played a part in your accident. If your case is found to include comparative negligence, then your compensation will reflect your responsibility for the injury.
In addition to slip or trip and fall accidents there are other common premise liabilities including:
- Slippery surfaces
- Wet or icy outdoor stairs
- Building code violations: handrails, improper stair height or depth, uneven stair height or depth, etc.