Can You Seek Damages for a Fall-Down Accident in New Jersey?

For many people, falling is an everyday occurrence. We trip on the sidewalk, slip on a wet floor, or misstep on a loose rug. Most of the time, these kinds of falls result in nothing more than a bruised ego. However, there are times when a fall can be much more serious. A fall-down accident can result in serious injuries, including broken bones, head injuries, and even paralysis.

Fall-down accidents are more common than you might think. They’re one of the most common types of accidents in New Jersey. So, what exactly is a fall-down accident? It’s what it sounds like—an accident that occurs when someone falls and is injured as a result. These accidents can happen anywhere, but they’re most common in places with slippery surfaces or where there’s a lot of foot traffic.

In New Jersey, if you’re injured in a fall-down accident on someone else’s property, you may be able to sue the property owner for premises liability. To win your case, you’ll need to hire a competent fall-down accident attorney in New Jersey and prove that the property owner was negligent in maintaining the property, which led to your accident and injuries.

Proof of a Premises Liability Accident

There are three elements you’ll need to prove to win a premises liability case in New Jersey:

  • The property owner owed you a duty of care
  • The property owner breached that duty of care
  • You were injured as a result of the property owner’s breach

The first element is relatively easy to prove. In New Jersey, property owners must keep their property in a reasonably safe condition for visitors. This means they need to fix any dangerous conditions on the property and warn visitors of any potential dangers. They owe the highest duty of care to invitees, i.e., people they invite to their premises to conduct business.

Property owners also owe a duty of care to social guests or licensees who may be present on their property with the permission or consent of the property owner. However, a property owner in New Jersey doesn’t owe a duty of care to a trespasser. But, in some cases, like when a trespasser could have been a child who got lured to a trampoline or a pool, their duty to keep the place safe can be established.

The second element—the property owner breached their duty of care – is where things can get tricky. To establish that the property owner breached their duty of care, you’ll need to hire a New Jersey attorney experienced in fall-down cases. With the help of your injury lawyer, you’ll have to prove that the property owner knew or should have known about the dangerous condition on the property and failed to fix it or warn visitors about it.

Finally, it must be shown that you suffered injuries due to the accident. This means that you will need medical bills or other documentation to show the extent of your injuries. If you take the help of a seasoned fall-down accident attorney in New Jersey and are successfully able to prove all of these things, then you may be able to recover damages for your medical bills, lost wages, and pain and suffering.

In cases where you could also have been at fault, the rule of comparative negligence in New Jersey still allows you to collect damages, provided that your fall-down accident attorney in New Jersey can successfully prove that your fault in causing that accident was no more than 50%.

Contact Our Offices Today

The Law Office of James W. Taylor, Jr., has more than 30 years of experience advocating the rights of people who suffered from personal injury in Jersey City, Newark, Bayonne, Paterson, Hackensack, and other surrounding New Jersey communities. We work on a contingency fee basis, which means you don’t need to pay us a dime unless we recover money for your losses. If you or a loved one has been involved in a fall-down accident, you are entitled to damages from the property or their insurer. Call us at 201-418-0143 to book a FREE consultation today.