While receiving injury from a slip and fall case can be a stressful experience, know that you do not have to face it alone. A skilled injury attorney can assist you by helping to prove negligence in Cherry Hill slip and fall cases and acting as an aggressive advocate for your compensation. Read on to learn more about negligence in Cherry Hill slip and fall cases, as well as the benefits of hiring a slip and fall attorney today.

Notice in Cherry Hill Slip and Fall Cases

Notice impacts slip and fall cases because that is one of the elements that must be proven for an individual to be able to get compensated by the property owner. The first element is whether there was a dangerous condition. Usually, there is because someone fell. The second element is whether the defendant had notice of that, either actual or constructive. If it cannot be proven that the defendant had notice, then that defendant may not be liable to that person for all of their damages in Cherry Hill slip and fall cases.

In the case of an actual notice, the negligent party saw the dangerous condition, they knew about it, and they did not do anything. On the other hand, constructive notice means that the negligent party should have known of this dangerous condition if they would have done reasonable inspections, and there was a reason for them to have known. For instance, sometimes with snow and ice incidents, based on the way that the parking lot is designed, there may be a slope where the ice always freezes. That would be something that they have constructive notice of. Even though they may not know that there was ice there at that particular time, they know from prior history that ice usually forms in that particular area.

Comparative Negligence in Cherry Hill Slip and Fall Cases

Comparative negligence means that the individual who fell may also share some responsibility with the property owner. In New Jersey and in Cherry Hill, as long as the injured party’s comparative negligence does not exceed 50%, then that individual is still entitled to a recovery against the property owner. It works even if that individual was considered to be 50% at fault and the defendant was also considered to be 50% at fault.

Whatever the damages were, it would be reduced by 50% or whatever the comparative negligence was. If the individual was found to be more than 50% at fault, then they would be barred from making a recovery. In slip and fall cases, even if there were a dangerous condition and the defendant had notice of it, there are times where juries may find that the individual who fell shared in some of the responsibility. The big argument is that an individual should be watching where they are walking or should have known that there was ice in the parking lot, for example. This can reduce the amount of damages, because the percentage gets directly taken off of whatever the damages are.

When a Landlord is Liable for Criminal Conduct of Third Parties on Their Premises

A landlord is considered a commercial property owner. When they are deriving a profit from that particular property, it is an income property. Landlords still owe the same duty of care that a normal commercial property would owe. If there was criminal conduct of third parties on the premises and someone was injured, certain things would need to be proven for that landlord to be liable. Most importantly, it is going to come down to notice.

Did the landlord have notice that this criminal conduct was being conducted on their property? Did they have a reason to believe that it was happening? Would a reasonable individual feel that this criminal conduct could result in injury to the other tenants on that property, and they may be liable for any injuries that are caused? Answers to these questions can be found with the assistance of a professional Cherry Hill premises liability attorney.

If you have been injured due to an at-fault property owner, reach out to an experienced slip and fall lawyer experienced in proving negligence in Cherry Hill slip and fall cases today.

Satisfied Customers

Testimonials

What Our Clients Are Saying About Us