At Levin & Malkin in Hackensack, New Jersey, our slip and fall attorneys become busier as the weather worsens. We are strongly committed to protecting the rights of clients who consult us about serious injuries they have suffered during bad weather slip and fall accidents in which another party’s negligence has played a significant role.
Premises Liability
No matter what the season or precipitation, property owners have a legal responsibility to keep their premises safe for visitors, mail carriers, repair people, customers, clients, salespeople, and even, under certain circumstances, trespassers (especially children). They owe a duty of care to the public and are expected to clear their surfaces and walkways, keeping them dry and free of obstacles, slippery substances, and other unmarked dangers. This responsibility is known as premises liability.
If you have been harmed by someone who failed to maintain his/her property safely — our slip and fall lawyers will be glad to offer you a free consultation to assess whether you have a viable premises liability case. If so, we will file a lawsuit against the negligent property owner and take all necessary steps to win you the damages you need to compensate you for your losses and suffering.
We have extensive experience in this type of personal injury case and an impressive history of successful outcomes. More than that, we work such cases on a contingency basis so you will owe us no attorneys’ fees until we win you damages.
Why More Slip and Fall Accidents Occur in Bad Weather
Although slip and fall accidents can occur anywhere, at any time, they are more common during bad weather. Not only do rain, snow, ice, and wet leaves contribute to a great many slip and falls outdoors, but to numerous slip and falls indoors as well. It is all too easy for moisture, wet leaves and other debris to be transferred to slippery floors in living rooms, vestibules, public buildings, and stores on the shoes and boots of those who come in out of the nasty weather.
Negligence that Worsens Bad Weather Risks
There is certainly a greater risk of slip and falls when surfaces are wet, snowy or icy, but this risk is often exacerbated by negligence. The same issues that might precipitate a tumble in dry conditions can be that much worse in bad weather. In combination with unshoveled pathways, uncleared doorways, or floors allowed to remain wet and slippery, the following can make conditions calamitous:
- Crumbling stairs or wobbly banisters
- Exposed electrical wiring
- Unmarked obstacles on walkways
- Poorly lit vestibules or hallways
- Uneven pavement or broken tiles
- Unsecured rugs or doormats
How Levin & Malkin Will Help
As your slip and fall attorneys, we will do everything we can to help you recoup your losses while you concentrate on recovering from your trauma. We will:
- Handle all communications with opposing attorneys and insurance adjusters
- Investigate the site of your accident and examine any surveillance videos
- Obtain and review police reports and medical records
- Interview witnesses
- Consult with experts whose testimony may support your case
Who will be the target of our lawsuit?
The property owner, whether a private person, a store owner, a corporation or a government entity, will be the defendant, depending on whether you were injured outside (or inside) a neighbor’s home, the local playground, on a public sidewalk, in the grocery store or a retail shop, or in a parking lot.
Why is it wise to seek our legal counsel quickly?
Contact our office as soon as possible after your accident because there is a 2-year statute of limitations for premises liability in New Jersey. Also, it will help our case to have photos of the site before it is cleared of evidence of dereliction.
Comparative Negligence in New Jersey Slip and Fall Cases
In bad weather slip and falls, it may be relatively easy for the negligent party to claim that you were partly responsible for your own injury because, for example:
- You were not wearing appropriate footwear when you fell (e.g. dressy shoes or heels instead of boots)
- You were not paying close enough attention to where you were walking (perhaps you were on your cell phone)
- You were rushing or running
- You failed to use a handrail on an outdoor staircase
- You were intoxicated
Fortunately, even if your behavior increased your risk and therefore contributed to the severity of your injury, New Jersey Law, and our first-rate New Jersey lawyers, will protect your interests. In New Jersey, as in many other states, you are allowed to claim damages even if liability is split between you and the defendant.
According to comparative negligence statutes in New Jersey, the court will listen to both attorneys’ presentations and, if necessary, assign a portion of blame to each party. As long as the court finds you bear 50 percent or less of the blame, you are permitted to receive damages. The only catch is that you will have your percentage of fault subtracted from the compensation awarded to you. If you are assigned 20 percent fault, for example, you will receive your court award minus 20 percent.
Damages Levin & Malkin Will Fight to Win for You in a Bad Weather Slip and Fall Case
Whether you have suffered a hip fracture, a spinal cord injury, a shoulder dislocation, a traumatic brain injury, or some other serious injury, you are no doubt dealing with emotional and financial, as well as physical pain. Our sharp legal team will study the specifics of your case carefully and craft a legal strategy that may be strong enough to win your case out of court. Whether litigation is necessary or not, we will do everything possible to win you compensatory damages for:
- Medical and rehabilitative costs
- Lost income, present and future
- Nursing care for long-term disability
- Pain and suffering
- Other out-of-pocket costs related to your slip and fall
- Loss of enjoyment of life
If you have endured the tragedy of losing a loved one in a bad weather slip and fall, we will file a wrongful death suit, seeking final medical expenses, funeral costs, and loss of financial and emotional support. If the defendant’s negligence was unusually heinous, we may also seek punitive damages.
Contact Our Experienced Bad Weather Slip and Fall Attorneys Today
Suffering a serious injury is always upsetting and sometimes devastating. If you have taken a hard hit in a bad weather slip and fall, contact our law team now for excellent legal representation and the compassionate treatment you deserve. Contact our office today to schedule an initial consultation.