Slip and Fall Accidents on Commercial Business Property
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When lawyers use the term "slip and fall accidents", they do not mean that someone actually slipped first and then fell. In some cases, you may have fallen on someone else's property due to a trip hazard. There are many reasons why a fall could happen. Maybe there was debris in the parking lot. Maybe the sidewalk was broken or raised. Maybe the patio pavers were not laid property. Failure to maintain property can lead to various types of accidents.
The Rubinstein Law Firm, LLC New Jersey fall down accident attorneys help individuals and their families who have been injured in all types of fall down accidents. |
Common Places Where Falls Occur
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Elements that Must be Proven
To establish a case of negligence when you fall on property that is not your own, you must prove:
- the owner had a duty to keep the area free from hazards
- the owner breached that duty and did not keep the area safe
- the hazard caused you to fall
- you sustained injuries because of falling
Proving the Owner Owed You a Duty of Care to Keep the Property Safe
A business owner has a duty of reasonable care owed to its "invitees" to provide a safe environment. The duty of care requires a business owner to discover and eliminate dangerous conditions on the property and keep it safe. Just because you fell does not mean that the business owner did something wrong. In every fall down case, the plaintiff must prove that either (a) the owner knew there was something dangerous and did nothing about it (called actual notice), or (b) did not know but should have known (called constructive notice). Fall down cases can be difficult, however, we have been very successful in assisting our clients with a recovery for their pain and suffering.
A lesser duty of care is owed to a social guest or licensee, who was on the land for personal purposes or to benefit the owner. In this type of case, an owner would not have a duty to actually discover latent defects when dealing with licensees. However, the owner must warn a social guest of any dangerous conditions of which the owner has actual knowledge of and of which the guest is unaware.
In cases where the owner, his agent or employee created an unsafe condition on the property, the injured party does NOT need to prove that the owner had actual or constructive notice of the problem.
A lesser duty of care is owed to a social guest or licensee, who was on the land for personal purposes or to benefit the owner. In this type of case, an owner would not have a duty to actually discover latent defects when dealing with licensees. However, the owner must warn a social guest of any dangerous conditions of which the owner has actual knowledge of and of which the guest is unaware.
In cases where the owner, his agent or employee created an unsafe condition on the property, the injured party does NOT need to prove that the owner had actual or constructive notice of the problem.
Commercial versus Residential Property
- Residential Owners: Our New Jersey Supreme Court has stated that residential homeowners will not be liable unless they create or exacerbate a dangerous sidewalk condition or negligently built or repaired the sidewalk in a manner that makes the sidewalk dangerous.
- Commercial Owners: A Commercial landowner has a duty to keep the abutting sidewalk in a reasonably safe condition and IS LIABLE for injuries that are caused by their negligent failure to maintain the sidewalk.
Why are Residential Properties Treated Differently than Commercial Properties?
Our New Jersey court makes a distinction between whether you fell on a commercial vs. residential property based upon public policy concerns. The court does not want to expose a homeowner to civil liability for falls. The court reasons that a commercial property owner will be in a better position to guard against sidewalk hazards and bear the risk of injury to someone who falls. Additionally, sidewalk provide commercial businesses with easy access to their store and this increases the value of their property. Think of it this way; a commercial landowner knows that clearing an abutting sidewalk is a cost of doing business.
What to do if You Fell on Someone Else's Property
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How Can The Rubinstein Law Firm, LLC Help Me?
An attorney needs to act fast in fall down accidents to preserve evidence and take photographs of the area. It is very important to find potential witnesses and make sure the fall was reported. Many times, people fall and never report the accident. This makes it very difficult to prove later on because it becomes your word against the property owner.
If you or someone you love has suffered a serious personal injury as a result of a fall, you do not have to pay to see a lawyer. The Rubinstein Law Firm, LLC, offers free consultations where you can discuss your case with a professional at no cost.
If you or someone you love has suffered a serious personal injury as a result of a fall, you do not have to pay to see a lawyer. The Rubinstein Law Firm, LLC, offers free consultations where you can discuss your case with a professional at no cost.
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What do I do Now?
Call our office at 609-392-7600 or email us to discuss your case NOW.
