The winter season in New Jersey is here and with it, so is the risk of a slip and fall accident on any icy driveway, sidewalk or parking lot. One common question we’re often asked this time of year is “Can you sue if you slip on ice?” The answer: yes — but it depends.
Continue reading to find out who you can hold liable in the event of a slip and fall accident in New Jersey, including how a skilled Haddonfield personal injury lawyer can help you file a claim for compensation.
Who is Liable in a Slip and Fall Accident in New Jersey?
When it comes to a slip and fall accident due to snow or ice, there are three parties you may be able to hold liable depending on the specific circumstances of your case. These include:
- Property owners
- Business owners
- Local and state governments
In New Jersey, we have what’s known as the Reasonably Safe Premises rule. This rule states that all businesses in New Jersey are required to keep a reasonably safe premises for their patrons. Business owners owe their patrons a duty of care, meaning that if they knew or reasonably should have known about any hazardous condition on their premises, they could be held liable in a slip and fall accident claim.
When it comes to a slip and fall accident caused by snow or ice, there are certain legal standards that apply to business liability:
- Natural accumulation – under this rule, a business owner would not be held liable for any injuries caused by a natural accumulation of snow or ice. However, they can be held responsible if they fail to maintain their premises after it stopped snowing and the snow turned to ice.
- Storm-in-progress – under this rule, business owners are only required to remove snow and ice after a reasonable period of time has passed since the storm has ended.
What Do I Need to Bring Forward a Slip and Fall Accident Claim in NJ?
In order to move forward with a snow and ice slip and fall accident claim, you must be able to prove not only that the property was dangerous but that the property owner knew or should have reasonably been aware of the hazard and failed to correct it. In addition to proving these elements, you must be able to prove that the dangerous condition is what caused your injuries.
New Jersey, residents who were injured in a slip and fall accident only have two years to bring forward a claim. This time frame is known as the statute of limitations and once it passes, so does your ability to collect compensation.
At the Law Offices of Andres, Berger & Tran, P.C. we understand how complex slip and fall accident claims can be, especially when they are the direct result of snow and ice. We will investigate the details of your case and ensure that your claim is filed within this time period so you don’t miss out on the compensation you and your family deserve.
Contact A Haddonfield Personal Injury Lawyer To Discuss Your Slip and Fall Accident Case In New Jersey
Did you or a loved one sustain serious injuries due to a slip and fall accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled personal injury attorneys at the Law Offices of Andres, Berger & Tran P.C. represent clients injured because of slip and fall accidents in Camden, Cherry Hill, Gloucester Township, Winslow, and throughout New Jersey. Call (856) 795-1444 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 264 Kings Hwy. E. Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.