The Khorozian Law Group, LLC helps clients who have been injured in an accident. Slip and fall “accidents” are very often avoidable and produce some of the worst injuries that our office sees on a yearly basis.
If you are injured in a slip and fall situation, then call (201) 944-9200 for a free consultation.
Slip & Fall Accidents On Snow & Ice
Many people who live in the northeastern US may look forward to winter in some ways. But there is no doubt that winter makes it more difficult to travel safely. From icy roads to sidewalks to parking lots, there are numerous threats to our safety as we go about our business in the winter months.
Statistics show that snowy and icy conditions are among the top causes of most slips and fall accidents. The danger may not always be obvious, such as with black ice. Also, we may be in a rush and do not walk as carefully as normal. These situations can be made worse with an icy or slippery sidewalk or road surface in winter.
When a personal injury attorney looks at winter slip and fall accidents, there is a critical question: Could this slip and fall accident have been foreseen and prevented? In most cases, an attorney needs to conduct an assessment to decide if the property owner had a duty to the injured party. Did that owner have a duty to the injured party to conform to a standard of care? If so, was this duty carried out?
Hire an Attorney for Slip & Fall Cases?
Before you decide this, you should know that your options are limited by time in this state. New Jersey law requires you to start legal action within two years of when the accident occurred. If you do not, you may have no legal remedies. Thus, make sure you initiate any legal action within two years of the slip and fall accident, if you choose to do so.
If you are injured from a slip and fall accident, your attorney will gather evidence that another party is liable for your injuries. He or she will attempt to establish liability by determining if the property owner is responsible for your fall. This could be because they took action or did not take action that allowed a dangerous slip and fall condition to manifest. Liability can be established in these ways:
- The property owner caused the hazardous condition by failing to do something. For example, he may have decided to not bother to salt the sidewalk on the property during an ice storm.
- The property owner was aware of the dangerous condition and did not remove it.
- The property owner should have been aware of the dangerous situation, as a ‘reasonable person’ would have known about it.
If liability is established by your attorney, this does not assure that you will win in a legal action. The court also will review your behavior to determine if you behaved in a prudent and reasonable manner.
For example, if you were walking on the icy sidewalk that the property owner did not salt, and you were walking in a careful manner, this would certainly be a strong point in your favor. But if you were running on the clearly icy sidewalk and slipped and fell, the court may conclude that a ‘reasonable person’ may not have acted in such a manner.
Note: The rules in our state on slip and fall accidents vary considerably for residential and commercial properties. If you fall on a residential property, the owner usually does not have a legal duty to remove ice and snow, or to warn people about it. Rules are very different for commercial properties, including stores, apartment buildings and other businesses. Please contact us for more information about these distinctions.
If you have been hurt in a slip and fall accident due to icy and snowy circumstances, please contact our personal injury office today. We offer free consultations. Please call us today.
See also…Bergen County Car Accident Lawyer