Is My Landlord Liable For A Slip And Fall Injury?
As a property renter, it is important to be familiar with the laws surrounding negligence and slip and fall injury. Slip and fall injuries are serious incidents that should not be taken lightly. For example, if you are a renter and your landlord has failed to provide such services as snow removal or ensuring that all walkways, stairs, and parking areas are safe for residents, your landlord may be legally negligent. That being said, renters are responsible for proving that their landlord was negligent if they believe their landlord’s negligence caused them unnecessary injury. Simply slipping or falling does not necessarily mean that the landlord is responsible, however, if a landlord knows about an unsafe condition and fails to fix it, then a renter may have a legal argument.
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Everything About Slip And Fall Injuries
Premises Liability Law In New Jersey
In the state of New Jersey, a person who suffers an injury on someone else’s property may qualify for compensation under the premises liability law. This law is based on the identity of three types of individuals on a property: Invites, licensees or renters, and trespassers.
- Invitees. An invitee is a visitor to a property on the property for the owner’s potential economic benefit. Examples include plumbers, electricians, employees, customers, clients, and delivery workers. Landlords are legally required to ensure a safe and non-hazardous environment for these individuals.
- Licensees. A licensee has the permission of the owner to be on a property but is not involved in the property owner’s economic or commercial interests. Examples include salespeople, friends, and relatives. The law is a bit more relaxed with these individuals than with invitees. However, they do have a duty to warn licensees of any known hazards or dangers on a property.
- Trespassers. A trespasser is a person who does not have the owner’s permission to be on the property. As a result, property owners do not necessarily owe them compensation should they become injured while on the premises.
When Is A Landlord Negligent?
For persons seeking compensation, they must demonstrate that an injury was directly caused by the property owner’s negligence. To establish this, an individual must present one of the following.
- The Condition was Caused by the Landlord or Landlord Neglect
- An example of this would be if a landlord knew about a dangerous condition and did nothing to fix it. In this case, the landlord could be held liable for a slip and fall accident.
- Unsafe Rental Property Conditions
- Snow and ice on sidewalks, inadequate lighting in parking areas, leaky pipes, or unsafe stair railings are all examples of dangerous conditions on a rental property that could cause an accident and injury.
Categories Of Slip And Fall Injuries
Sadly, slip and fall accidents can result in personal injury. The CDC (Centers for Disease Control and Prevention) reports that one out of five falls involves serious injuries such as head injuries or broken bones. There are several types of slip and fall injuries, including the following:
- Spinal, Neck, and Back Injuries. Injury and trauma to the back and neck can cause damage to the spinal cord, even leading to paralysis. Spinal injuries can result in neurological deficits, loss of movement, chronic pain, and breathing issues.
- Head trauma. Traumatic brain injuries (TBIs) can happen when the head hits a hard surface such as the floor or the corner of a table. A TBI is severe and can impair normal brain function.
- Fractures and Broken Bones. Individuals who suffer a slip or fall can suffer fractures and broken bones. Although most broken bones can be medically treated, they can have long-term consequences and result in other health complications.
What If I am Injured In A Slip And Fall Accident?
If you are hurt in a slip and fall accident, you should seek medical attention immediately. Next, ensure that you document the conditions leading to the injury and all damages suffered to present evidence for a possible slip and fall legal case. Documentation can include photos, witness information, and written details of the accident, such as when, where, how, and why. If you are convinced that your landlord may be responsible, contact a personal injury attorney before giving any statements to involved insurance companies.
New Jersey Slip And Fall Compensation
In New Jersey, the comparative negligence standard for slip and fall cases states that an injured party’s own negligence affects the number of damages collected. For example, those who are no greater than 50 percent responsible for their injuries can receive compensation. Still, those who are more than 50 percent liable for damage are not eligible for compensation at all.
In New Jersey, there is a two-year statute of limitation for slip and fall injuries. Individuals who have suffered a slip and fall accident are encouraged to contact a lawyer as soon as possible. A qualified attorney can investigate the claim, evaluate the circumstances, and possibly help the individual seek compensation for injuries caused by a slip and fall accident.
Slip And Fall Accident Lawyers
If you were injured in a slip and fall accident on your rental property, contact an attorney. You may be eligible for compensation, including payment for lost wages, personal pain, suffering, medical bills, income, pain and suffering, and other financial costs.