Linwood Slip and Fall Accident Lawyers

Falls are among the leading causes of preventable injuries and deaths in the United States. According to the National Safety Council, fall-related injuries accounted for roughly 35% of all preventable non-fatal injuries in 2023, and falls contributed to about 21% of preventable deaths. While many slip and fall incidents may initially seem minor, the consequences can be far-reaching. Injuries sustained from these accidents can affect your health, your quality of life, and your ability to earn a living.

If you have been injured because a property owner failed to maintain a safe environment, it is crucial to act quickly. Prompt action ensures that evidence is preserved and your rights are protected. An experienced slip and fall lawyer can help you understand your legal options and pursue compensation for your injuries.

Understanding Premises Liability

Premises liability is a legal principle that requires property owners to maintain a reasonably safe environment for anyone entering their property. This duty extends to both invitees, such as customers in a store or guests in a building, and licensees, like individuals who enter for social reasons. When property owners fail to uphold this responsibility and someone is injured as a result, they may be held liable.

Premises liability applies to a wide range of locations, including:

Commercial establishments, such as restaurants, bars, gyms, and grocery stores.
Private residences and apartment complexes.
Public property, including municipal buildings, parks, and sidewalks.

The law recognizes that property owners are in the best position to identify and correct hazards on their property. Failing to do so can make them legally responsible for injuries that occur.

Common Dangerous Conditions

In slip and fall cases, you generally must prove that the property owner was aware—or should have been aware—of a dangerous condition and failed to take reasonable steps to address it. Property owners are given a “reasonable” amount of time to correct hazards, which varies depending on the nature and severity of the risk.

For example:

Immediate hazards: A spill in a grocery store or restaurant should be addressed promptly to prevent injury.
Weather-related hazards: Ice or snow on sidewalks may not be reasonably preventable during a storm, but property owners are expected to clear it within a reasonable timeframe afterward.

Common slip and fall hazards include:

Sidewalks: Cracks, uneven pavement, potholes, and weather-related hazards such as ice and snow.
Parking Lots and Streets: Loose gravel, potholes, faded markings, and crumbling asphalt or concrete.
Restaurants: Wet floors from spilled beverages, leaking refrigeration units, or cleaning processes.
Stores: Cluttered aisles, unsecured shelving, loose rugs, and unstable flooring.
Buildings: Poorly lit stairways, broken handrails, uneven steps, or obstacles without proper warning signs.

Typical Injuries From Slip and Fall Accidents

Slip and fall accidents can lead to a wide range of injuries, some of which can be severe or permanent. Common injuries include:

Sprains and Strains: Often occurring in wrists, ankles, or knees as the body attempts to break the fall.
Fractures: Wrist fractures are particularly common, as people instinctively use their hands to brace themselves.
Head Injuries: Concussions or traumatic brain injuries can result from falls on hard surfaces.
Back and Spinal Injuries: Including herniated discs or more serious spinal cord injuries.
Hip Fractures: Especially prevalent among older adults, often requiring surgery and long-term care.

The severity of the injury can depend on multiple factors, including the height of the fall, the surface type, the age and physical condition of the injured person, and whether any safety features (like handrails or mats) were present.

Proving a Slip and Fall Case

Proving negligence is critical in a slip and fall claim. Evidence is key, and acting quickly is essential because evidence can be altered, removed, or lost over time. To strengthen your case:

Document the Scene: Take clear photos or video of the hazard, the surrounding area, and any conditions that may have contributed to the fall.
Identify Witnesses: Collect names and contact information from anyone who saw the incident. Witness testimony can help corroborate your version of events.
Seek Medical Attention: A prompt medical evaluation not only protects your health but also provides official documentation of your injuries.
Preserve Additional Evidence: Note the presence of surveillance cameras or other potential sources of proof.

In cases involving municipal property, New Jersey law requires filing a “Notice of Claim” within 90 days. This informs the government entity of your intent to pursue legal action, giving them the opportunity to investigate and potentially settle the claim before formal litigation begins.

Compensation for Slip and Fall Injuries

Compensation in a slip and fall case is intended to restore you to the position you were in before the accident. Potential damages include:

Medical Expenses: Covering emergency care, surgeries, rehabilitation, medications, and future medical needs
Lost Wages: Compensation for time missed from work due to the injury and recovery period
Loss of Quality of Life: If mobility, independence, or enjoyment of life is affected
Pain and Suffering: Accounting for physical and emotional impacts of the injury

Why You Need a Slip and Fall Lawyer

Many slip and fall injuries are preventable with proper maintenance and care. Unfortunately, property owners and their insurance companies often attempt to minimize liability, leaving injured individuals to navigate complex legal procedures alone.

A skilled slip and fall attorney can:

Investigate the accident and gather critical evidence.
Identify the responsible parties and assess property owner negligence.
Work with medical and industry experts to evaluate the extent of your injuries.
Negotiate with insurance companies for fair compensation.
Represent you in court if a settlement cannot be reached.

Having an attorney ensures that your claim is handled correctly and that your rights are fully protected.

Contact Our Linwood Slip and Fall Accident Lawyers at D’Amato Law Firm

Slip and fall accidents can have serious, lasting consequences. You should not have to bear the financial burden caused by another party’s negligence. Our Linwood slip and fall accident lawyers at D’Amato Law Firm are committed to helping clients navigate these challenging situations. Call 609-926-3300 or submit our online form for a free consultation. Based in Egg Harbor Township, New Jersey, we proudly serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.