Heymann & Fletcher

Liability and reasonableness: Important for slip-and-fall claims

Imagine shopping in your favorite retail store in Randolph. You have everything you need, so you start to make your way to the check. As you walk down the main aisle, you hit a wet spot and slip. You land hard and break your wrist. In addition, you felt something pop in your back. Now, you are facing some expensive medical bills and you will have to miss work, resulting in lost wages.

What you experienced is a slip-and-fall accident. In general, property owners, or their business tenants, owe a duty of care to invited guests and customers who visit the premises. If there was no warning that the area you slipped in was dangerous and the owner either did know or should have known about it, then you might have a premises liability claim. Sometimes, it is difficult to prove this type of claim, but here are some tips that can help.

Was the accident preventable?

If another customer had spilled something only seconds before you stepped on the spot, it is likely that the store manager or owner could not have reasonably known about the problem. However, if the area was wet because of an ongoing issue, such as a leaky roof, then the owner should have known about the danger and taken steps to prevent it.

Liability and reasonableness

You have a good chance of proving your claim if one of three conditions existed at the time of your accident. First, the owner or an employee should have know about the problem because another reasonable person in a similar position would have known. Second, the owner or an employee did know about the problem but failed to take any actions to correct it. Or, third, the owner or employee actually caused the condition that let to your accident. If any one of these circumstances occurred, then you might be able to successfully prove that the store is liable for your injuries. However, the liability must also fall within the standards of reasonableness. As mentioned in the example above, the owner's or employees actions must be reasonable.

If you have suffered an injury due to a slip-and-fall accident, you might be able to file a claim for damages. You should not have to suffer a financial loss due to someone else's negligence.

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Heymann & Fletcher
1201 Sussex Turnpike
Randolph, NJ 07869

Toll Free: 800-481-8549
Phone: 862-781-0029
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Heymann & Fletcher
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Mount Freedom, NJ 07970

Toll Free: 800-481-8549
Phone: 862-781-0029