With winter comes ice and snow, increasing the likelihood of accidents on improperly cleaned sidewalks and other surfaces. If you’ve sustained injuries and need help determining who’s responsible for negligent snow and ice removal, please read on and contact an experienced Morris County slip and fall attorney.
WHO’S RESPONSIBLE FOR NEGLIGENT SNOW AND ICE REMOVAL IN NEW JERSEY?
As in many other states, New Jersey property owners are responsible for keeping their properties safe and maintained. This applies to homeowners, shops, businesses and municipal buildings. After a snow or rainfall event, a property owner has a window of time by which he or she must remove snow and ice from the property. If specified in the terms of their lease, a tenant can also be held liable for failure to remove snow or ice from the abutting sidewalks and other walkways.
HOW DO I PROVE MY CASE?
One of the most critical components of any personal injury case is the requirement that you’re able to prove that the property owner knew or should have reasonably known about the dangerous conditions and failed to correct them.
To prove your case, you will need to show that you or someone else notified the defendant of this unsafe condition or that the defendant should have found and fixed the condition because it existed for a long time and was very visible.
Lastly, you will need to show the damages or injuries sustained as a result of the fall, as attested to by healthcare professionals and medical records. Also, it’s important that you establish that you acted in a manner considered reasonable and expected when a slip and fall injury happened.
If you win, you could be entitled to compensation for lost wages, pain and suffering, loss of consortium, medical expenses and other damages.
WHAT IS COMPARATIVE NEGLIGENCE?
Before you file a claim, you should be aware that the property owner will probably argue that you share some portion of the blame for your accident. Their potential arguments include the following:
- The dangerous property condition should have been obvious to you
- The dangerous condition was cordoned off by cones and signage
- You weren’t paying sufficient attention to where you were walking
- You weren’t wearing appropriate footwear
If the jury awards you damages, but finds you partially responsible, that amount will be reduced by the percentage equal to your share of the fault. If you’re unsure of where you stand, contact a skilled Morris County personal injury attorney today.
CONTACT OUR MORRIS COUNTY FIRM
If you have been the victim of the negligence of another in an accident, please contact my office as quickly as possible following the subject accident. It is important to consult with us early on so that we may begin the process of fighting for your rights in regard to any potential claim that you may have. The process is complicated and requires the expertise of a qualified New Jersey personal injury attorney. Contact Lutz Injury Law today.