Know Your Rights: Who is at Fault for Slip and Fall Accidents

Slip and fall accidents are generally classified under a broader legal practice area known as premises liability. These incidents are notoriously dangerous, leading to severe injuries, billions of dollars in medical costs, and even death in the worst cases. They are also generally caused by some form of negligence on the part of property and business owners. 

If you or a loved one has suffered a slip and fall accident, it’s important to know your rights, know what to do after the accident, and understand how you can move forward with a premises liability case that can get you the financial compensation you deserve. 

What Causes Slip and Fall Accidents?

There are many causes of slip and fall accidents that lead to premises liability cases. Some common causes include: 

• Spills and wet floors 
• Uncleared snow and ice 
• Objects and other obstacles or obstructions left on the floor 
• Insufficient lighting or poor visibility 
• Uneven surfaces 
• Damaged or missing handrails, banisters, or other supports 
• Lack of slip-resistant flooring or surfaces 
• Failure to abide by Occupational Safety and Health Administration (OSHA) standards or workplace safety standards 
• Loose mats, rugs, or floorboards 
• Potholes or cracks 

Who is Liable in a Slip and Fall Accident?

It is the responsibility of property owners to keep their premises reasonably safe and in good condition. Should they fail to do so, and someone is injured, they can be held liable for any injuries or fatalities caused. Responsibilities will change based on the type of premise; homeowners are held to a different standard than businesses and commercial building owners. Cities, municipalities, and government agencies also have a duty to keep public spaces reasonably safe and in good order.  

To prove that negligence has taken place and that damages have been sustained, it is necessary to show that the property owner either knowingly allowed a hazardous condition to be sustained or failed to remove that hazardous condition as per their responsibility. 

Were You Supposed to Be on the Premises?

Whether you were allowed, either by invitation or by law, to be on a person’s private property can be a crucial factor in your premises liability case. 

According to NJ 2C:18-3, Trespassing, a defiant trespasser is defined as a person who “commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given.” 

Provided that you were not committing a trespassing offense, you can be categorized as one of two types of persons who are lawfully present on the property: 

An Invitee

Invitees are people who were either explicitly or implicitly invited onto private property by the owner. This is usually for business purposes. You can be considered an invitee if you are: 

• Shopping in a store 
• Staying as a guest in a hotel  
• Dining at a restaurant 
• Delivering a package, food, etc. 
• Conducting work (construction, repairs, etc.) on a property 

In many of these cases, you will not have been explicitly invited by the property owners, but you are implicitly invited to be there. Store owners do not personally invite people onto their property, but they implicitly invite you because of the nature of the store they own. 

A Licensee 

Licensees are people who have permission to enter a property largely for social purposes. So long as they are not trespassing, most people can be considered a licensee if they are: 

• A guest visiting the property (this could be a friend, family member, neighbor, etc.) 
• A salesperson 
• A religious missionary 

• A political campaign worker or activist 

Once again, although these people were not explicitly invited by the property owner, they are legally allowed to be on the property unless they have been lawfully ordered or instructed by the property owner to stay away. No solicitation signs are also a sufficient way for property owners to protect themselves from premises liability cases. So long as they are easily visible, these signs give visitors the warning that they are not invited to knock on a homeowner’s door or enter their property uninvited. It is illegal in many jurisdictions to ignore visible no solicitation signs on someone’s property. 

What to Do After a Slip and Fall Accident

If you or someone you know has experienced a fall on someone else’s property, there are several actions you should take after you have been seen by a medical professional: 

• Report the accident to the property owner. 
• Document everything you know about the fall (location, date, time, what happened and how, etc.) Also, keep track of any medical records or expenses you incur as a result of the accident (including lost wages). 
• Do not give statements to the property owner or anyone else who contacts you. The property owner may have someone from their insurance company reach out to you. 
• Do not sign or agree to anything. Some insurance carriers may try to strike a deal with you that can prevent you from bringing a lawsuit at a later date. 
• Move quickly to contact an attorney. There is a statute of limitations on premise liability cases. In New Jersey, this statute is two years from the date of injury. 

Contact a New Jersey Slip and Fall Lawyer

At Eichen Crutchlow Zaslow, we offer a no-cost case evaluation to answer your questions and determine whether you have a legitimate claim for substantial damages. We have represented victims and their families in countless cases over the years. We understand what it takes to bring a successful case that can get you a settlement or verdict in your favor, getting you and your family the compensation you need after your incident. Get in touch with our team today to talk about your case.