Slip and Fall Accident Attorneys in Newark

If you have sustained injuries in a slip and fall accident on someone else’s property, contact Brach Eichler Injury Lawyers to speak to a Newark slip and fall accident attorney. Many people dismiss slip and fall accidents as not serious. However, a bad fall can cause severe injuries and long-term health complications. Between the expensive medical bills and being unable to work, a slip and fall accident can quickly take its toll on your life.

Brach Eichler Injury Lawyers has decades of experience working with slip and fall accident victims in Newark and can help you pursue financial compensation from the liable parties. Irresponsible landowners can be liable for injuries caused by dangerous property conditions. We will help you seek the compensation you deserve for your losses so you can rebuild and move forward in life.

Call Brach Eichler Injury Lawyers at (973) 364-8300 or contact us online today to discuss your slip and fall settlement claim with a Newark personal injury attorney.

Common Places Where Slip and Fall Accidents Occur in Newark

Slip and fall accidents are most common in places that receive a lot of foot traffic or with uneven grounds and obstructions. Slip and fall accidents can occur in:

• Parking lots. Parking lots are a major source of slip-and-fall accidents in Newark, especially during the winter. Snow and ice can quickly cover parking lots, and obstructions like potholes make falls more likely.
• Grocery stores. Moisture and outside debris can make grocery store floors slick, making falls more likely. Stores should place warning signs for wet floors and slipping hazards, but sometimes, they neglect to.
• Retail businesses. Retail businesses might have floor obstructions that cause trips and falls. Displays and merchandise near foot level pose a risk, as do walkways and sidewalks near businesses.
• Homes/apartments. Private residences are also significant sources of falling accidents. Things like wet/uneven flooring or poor maintenance can pose tripping hazards.
• Public spaces. Public spaces, such as parks or government buildings, may have tripping dangers. If a falling accident happens on public property, government municipalities might bear responsibility.
• Workplaces. Workspaces like factories or kitchens may have oils and other substances that pose a slipping hazard.
• Staircases. Staircases may have a high risk of trip and falls due to poor lighting, narrow steps, or a lack of sufficient handholds for balance. 

Injuries from Slip and Fall Accidents

Many people think they are minor, but slip and fall injuries can be quite severe. Victims can fall at awkward angles that strain muscles or collide with other objects as they fall. A fall from a sufficient height can cause permanent or even fatal injury. Common injuries from a slip and fall accident might include:

• Bruises and soft-tissue injury
• Sprains and twisted limbs
• Muscles and tendon strains
• Fractures and broken bones
• Neck injuries
• Concussion and TBI
• Herniated discs
• Spinal cord compression
• Skull fractures
• Paralyzing injuries

The pain and discomfort from falling injuries can also cause depression, anxiety, and significant reductions in one’s quality of life.

Slip and Fall Accidents and Premises Liability in Newark

Slip and fall accidents fall under the larger umbrella of premises liability claims. Under premises liability law, owners have a duty to maintain safe premises for guests. If there is a hazard on the property, the owner must either fix it or post a warning. If a guest is harmed by a hazard on the property, then the owner could be liable for the guest’s injury costs. In other words, landowners have a duty of care to keep guests safe on their properties.

For instance, if a person slipped and fell on a wet floor in a store with no warning sign, the store owner would likely be liable. Since the victim is a guest, the owner must fix or post warnings about hazards like wet floors.

The exact degree of care and attention a property owner must take depends on the visitor’s legal status. New Jersey law broadly recognizes three kinds of visitors:

• Invitees are visitors who are on the property with permission for commercial purposes. A customer in a store is an invitee.
• Licensees are visitors who are on the property with permission for personal or social reasons, like a houseguest or friend.
• Trespassers are visitors who do not have permission to be on the property, like a burglar. 

Generally speaking, property owners owe the highest amount of consideration to invitees than licensees. They must actively inspect their premises for hazards and either repair the hazard or warn invitees it is there. The property owner has no duty to inspect the property for hazards on behalf of licensees but must warn them of any known hazards. Property owners have no duty of care to minimize risks for trespassers, though they cannot intentionally try to harm them (e.g., booby traps).

Actual vs. Constructive Notice in Slip in Fall Cases

In most cases, the person who owns or controls the property is responsible for slip and fall accidents. This includes both property owners and those renting properties, such as residential or business tenants. The determination of liability typically comes down to whether the owner had actual or constructive notice of the hazard in question.

In slip and fall cases involving licensees, the victims must usually show the landowner had actual notice about the slipping or tripping hazard — i.e., they actually knew about it and didn’t take steps to fix it or post warning. Your attorney can use several types of evidence to show the owner had actual notice of a falling hazard, such as:

• Text or email conversations about the hazard
• Property maintenance records showing past efforts to remedy the hazard
• Government and agency inspection reports
• Video footage showing the presence of the hazard
• Eyewitness testimony that the hazard was there for a certain period

Actual notice is different than constructive notice. Essentially, a landowner has constructive notice if they should have known about the hazard through reasonable diligence. Proving the landlord had actual knowledge of a slipping hazard can be difficult. But it is sometimes sufficient to show they had constructive notice instead.

For instance, imagine that a store owner neglects inspections and a customer falls because of a leaking sprinkler head. In this case, one could argue the landlord had constructive notice about the sprinkler leak — i.e., they should have known about the hazard but were negligent in their duty to inspect.

Constructive notice is often most relevant in slipping cases involving invitees. Because property owners have a higher duty of care to invitees, the lower standard of constructive notice might be enough to show the landowner bears liability.

Slip and Fall Accident FAQs

Below are some of the most common questions we receive about slip accident claims and slip and fall settlements. If you have other questions, contact our offices today to speak to a slip accident liability lawyer.

How Can I Prove the Property Owner in Newark Was Responsible for My Slip and Fall Accident?

An attorney from Brach Eichler Injury Lawyers will perform a comprehensive investigation to gather evidence proving the landowner’s negligence. We can also appeal to medical documentation and expert medical testimony to demonstrate the extent of your injuries, losses, and suffering.

What If the Property Owner in Newark Says I Caused the Slip and Fall Accident?

New Jersey is a comparative negligence state, which means injury victims can still recover compensation even if they were also at fault for their injuries. As long as you are less than 51 percent at fault, you can recover compensation. However, any settlement or verdict will be reduced according to your percentage of fault. For instance, if you are 30 percent at fault and your total damages are $100,000, you would receive $70,000.

Can I File a Slip and Fall Claim in Newark If the Hazard Was There for a Long Time But Never Fixed?

Yes, you can file a slip and fall claim if the hazard has been present for a long time. In fact, these are often the most straightforward cases to manage because it’s easier to prove the owner had actual or constructive notice. Property owners have to fix hazards or post warnings about them, regardless of how long they have been there. Owners would still be responsible for hazards that existed before they bought the property.

Contact Brach Eichler Injury Lawyers to Speak to a Newark Premises Liability Attorney

A slip and fall accident is a serious matter and deserves the attention of an accomplished personal injury attorney. Brach Eichler Injury Lawyers dedicates itself to helping injury victims in Newark find relief for their suffering and wants to help you next. We have recovered over $500 million for our injury clients, including several multi-million settlements for slip and fall accident claims. We have a deep understanding of New Jersey’s liability laws and can use that understanding to argue forcefully for your claim. Most importantly, we have the compassion and empathy necessary to provide effective legal counsel that addresses your concerns.

Brach Eichler Injury Lawyers is available 24/7, so contact us online or call anytime at (973) 364-8300 to schedule a free, no-obligation case consultation. Let us show what our Newark slip and fall attorney can do for you.