A slip and fall accident occurs any time someone sustains an injury as a result of a fall on someone else’s property, whether it is a commercial property or residential property.

The classification of this action depends on the person who fell and their status at that other person’s property. For instance, if an individual is at a residential home and invited as a guest, the law could be different for that person than if they were at a store. That person is considered a business invitee and potentially providing some sort of benefit to the property owner. Usually, that is a commercial store where they are getting a benefit from that person because an individual is there to shop or spend money.

For more information on this topic, speak with a knowledgeable attorney today. A Cherry Hill slip and fall lawyer may be able to offer you proper guidance.

Common Slip and Fall Scenarios

In most cases with slip and falls, the main culprit is usually conditions that are found on the floor. That can be either liquid that was spilled or objects on the ground. Snow and ice could potentially result in a slip and fall as well.

In a slip and fall accident, the injuries can vary. In many cases, there are back injuries and broken bones to the legs or the arms. Some injuries from slip and falls are horrific. There could also be head injuries when a person falls. When an individual’s body goes down and they are not anticipating it, they could get hurt to all parts of a person’s body.

Liability in Public vs Private Property in Cherry Hill Slip and Fall Cases

Liability depends on if the slip and fall occurred on the public or private property. If it took place on private property, like a residential property, for example, there is a different duty owed by a residential property owner. When dealing with a public property, there are two elements to keep in mind. If it is a commercial property, there is a duty that is owed. If it is a public property owned by a public entity, such as the state, township, or city, a different analysis is done for them, because the New Jersey Tort Claims Act is going to apply.

There are certain things that need to be proven both from a liability standpoint and from an injury standpoint when dealing with a public entity.

Filing Injury Claims Against the Government

In New Jersey, the Tort Claims Act requires that if a person is injured and the person feels that the government of a public entity is involved, that person has 90 days to file a tort claims notice. If a person does not file the tort claims notice within 90 days of the injury, they could potentially be barred from ever bringing a lawsuit against that public entity. There are some exceptions to those rules and there are some ways to get around. The general rule, and one that a person may want to abide by, is to protect themselves by filing a tort claims notice within 90 days.

Aspects of Slip and Fall Cases in Cherry Hill

Lawyers may be required to prove that there is a dangerous condition of a property. They may also have to prove that the defendant had notice of that condition. That notice for a commercial defendant can be either actual notice or constructive notice, meaning if they would have done reasonable inspections, they should have been aware of this dangerous condition. A lot of people do not realize that it is an aspect of the case that needs to be proven. In addition to a dangerous condition, they also need to prove notice, either actual or constructive, for the defendant.

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