As the holidays approach, many of us will find ourselves in crowded stores and shopping malls, searching for that perfect gift or holiday decoration. Yet, what many patrons may not realize is that slip and fall accidents at this time of year are likely. A distracted shopper or those unfamiliar with the environment can easily slip on a stray hanger on the floor, a spilled cup of coffee on the ground, or an icy entryway.
For those sustaining injuries from a slip and fall this year, it is important to know that the choices made after the accident could make all the difference between determining if the store is liable or if the claim will be denied.
Defining Premises Liability
Premises liability refers to the laws that protect those that sustained a slip and fall or another type of injury on another person’s property. A property owner, landlord, manager, or another person responsible for the property could be held financially responsible for injuries if it is determined that there was negligence involved.
However, it should be noted that simply because a person was injured on someone’s property does not automatically mean that the property owner is responsible. For a property owner to be responsible for another’s injury, the victim must show that the injuries were caused by irresponsibility on the part of the owner. Legally, this is called negligence.
For a property owner to be legally responsible for injuries suffered from slipping, tripping, or falling, negligence must be proven in one of the following ways:
- The owner or person in charge of the property must have caused the visitor or guest to slip and fall.
- The property owner or other person in charge was aware of the dangerous condition but did nothing about it.
- The owner of the premises should have known about the dangerous condition because a reasonable person taking care of the property would have discovered the issue and corrected it.
What to Do After a Fall
Report the fall to an employee or store manager immediately. If you are severely injured and alone, ask a nearby patron to assist you. It is recommended that you also file a slip and fall incident report. Without this, an insurance company may deny the fall ever took place. Those seriously injured should go to the emergency room immediately, but all slip and fall victims should receive medical attention.
Those who experience a slip and fall should be careful when assuming that they are not injured. For various reasons, including excitement, embarrassment, and confusion at the scene, accident victims may not realize they have sustained significant injuries until many hours after the incident has occurred. Failure to have a medical evaluation and documentation of the injury could jeopardize an injured patron’s recovery and forfeit their rights to a personal injury claim.
Atlantic City Slip and Fall Lawyers at the D’Amato Law Firm Advocate for Those Harmed in Slip and Fall Accidents
For those injured in a slip and fall accident, your recovery is just as important as your legal rights. You can protect both when you call an Atlantic City slip and fall lawyer at the D’Amato Law Firm. Our experienced lawyers can provide guidance and expertise with any type of personal injury claim, including premises liability cases, car accidents, and much more. To schedule a free consultation, call us today at 609-926-3300 or contact us online.
Located in Egg Harbor Township, we represent clients throughout southern New Jersey, including Atlantic County, Cape May County, Cumberland County, Gloucester County, Burlington County, Salem County, Camden County, and Ocean County.