Premises liability accidents, like a slip-and-fall, can have serious long-term consequences. A slip-and-fall can happen in any season, anytime, and anywhere in New Jersey.
A recent example of a devastating slip-and-fall accident was in the news.
A New Jersey man suffered spinal injuries after a slip-and-fall accident on a wet supermarket floor. His spinal injuries required surgery and he couldn’t perform his sports photography work because of the injuries. His personal injury claim said that the grocery store failed to mop the wet floor at the store entrance in Wayne.
He received a $1.2 million dollar settlement. The grocery was in the midst of bankruptcy and delayed payment of the settlement. The injury occurred in 2015 and the grocery chain paid the settlement in 2017. The store at which the injury happened will be reopened as a natural foods market.
When we consider a slip-and-fall accident, the questions of “Could this accident have been foreseen?” or “Could my injury have been prevented?” must be considered. To answer these questions, it’s usually necessary to assess whether the property owner met its duty to conform to a “standard of care.”
In the case of this example, it was the duty of the corporate grocery store to ensure that the man, who came to the premises to buy groceries, could do so safely. In this example, we know the property owner didn’t conform to the area’s standard of care.
Before we consider the particulars of liability for a slip-and-fall injury in New Jersey, it’s important to note that your ability to pursue a legal claim against a negligent party has an expiry date. You must commence with legal action within two years from the date of the accident. If you don’t you won’t be able to pursue a legal remedy regardless of the severity of your injuries or the property owner’s gross negligence that caused your accident.
An experienced personal injury lawyer can help you file a slip-and-fall injury lawsuit. Although some people believe it’s possible to make a claim directly to the property owner, you should know that the business’s insurance company will seek to minimize its risk exposure. It’s highly unlikely that you’ll a fair settlement offer from the insurance company’s adjusters. Don’t risk going it alone.
Contact Brad Spiller, Managing Partner, at The Law Offices of Brenner Spiller & Archer to discuss your potential case at 856-963-5000.