Atlantic County Slip and Fall Lawyer
Slip and fall accidents which take place on another person’s property form the basis of many successful personal injury claims in New Jersey. If you were injured in a trip and spill incident on someone else’s property, an Atlantic County slip and fall lawyer could help you get the compensation you deserve from the negligent party.
Types of Slip and Fall Accidents
Slip and fall incidents can result in a range of injuries with varying levels of severity, depending on the circumstances. The cause of a trip and spill accident may greatly impact the nature of a person’s injuries. For example, slip and fall accidents commonly involve:
- Wet floors
- Icy or uneven walkways
- Stairways with missing handrails or loose steps
- Poor lighting
- Debris in walkways
Types of Visitors
An Atlantic County slip and fall attorney must prove that a claimant’s injury occurred because the property owner had a legal responsibility to keep the premises safe but ultimately failed to do so. State laws surrounding the rights of visitors to a property determine whether and to what degree an owner or manager may be liable for their safety.
The three types of visitors defined by state law are trespassers, licensees, and invitees. A member of our legal team could review the circumstances of a slip and fall case to determine a claimant’s visitor status.
How Does the Law Treat Invitees in Trip and Spill Claims?
Property owners owe invitees the highest level of care. For example, grocery store owners must make sure the property is reasonably safe for business invitees. An invitee is someone who has implied access to an establishment and may take legal action against an Atlantic County landowner in the event of a slip and fall accident.
What Protections Are Afforded to Licensees in Trip and Spill Cases?
Property owners and managers must remedy hazards in a timely manner or alert licensees of any adverse conditions that cannot be remedied in a timely manner. Licensees include independent contractors and other licensed professionals who are hired to come to a property, such as electricians and plumbers.
Does a Property Owner Have to Protect Trespassers from Slips and Falls?
Trespassers do not have permission to be on someone else’s property. Property owners are not responsible for protecting the those who enter their land illegally or without permission from being injured in a slip and fall accident. As a result, injured trespassers may not obtain compensation from a landowner for injuries suffered in a trip and spill incident.
Modified Comparative Negligence
Atlantic County courts apply modified comparative negligence to assign fault for slip and fall accidents. This means that sometimes, the injured person is found partially at fault for their own injuries. Under state law, a claimant can still seek compensation as long as they are less than 50 percent liable for the slip and fall incident.
However, a claimant who is found to be partially responsible for a trip and spill accident would see their compensation reduced in proportion to their assigned percentage of negligence. If the court determines that the claimant bears more than 50 percent liability, they would be barred from recovering any damages. An Atlantic County attorney could help refute allegations of partial liability for a slip and fall accident.
An Atlantic County Slip and Fall Lawyer Could Help
If you sustain injuries in a slip and fall accident, you may be able to claim compensation for medical and other bills if you are unable to work. An Atlantic County slip and fall lawyer could explain the legal process and help you recover the damages you have suffered. Call our team for an initial consultation.