Understanding Trip and Fall Personal Injury Cases
Slip and fall personal injury lawsuits are some of the most common personal injury cases in New York and New Jersey. These matters are also called trip and fall lawsuits, depending on whether an individual tripped over an object or slipped on water or something else on a surface. Although attorneys file a wide variety of slip and fall personal injury lawsuits, there are a few factors that are common to most slip and fall personal injury cases.
Duties of Property Owners
Slip and fall personal injury lawsuits arise from the duties that all people owe to individuals who enter their property. Property owners generally have a duty to keep their property in a reasonably safe condition depending on how the property is used and a number of other factors. The duties incumbent upon property owners traditionally depended on the types of people who entered the property. Indeed, property owners traditionally do not owe as high a duty to trespassers as they do to business customers that they invite onto their premises. In addition, depending on the circumstances, property owners may have a responsibility to conduct inspections to determine if there are any hazards that may put someone in harm’s way. If property owners do not satisfy their obligations to keep their premises safe, they might be liable for negligence of individuals on their property.
Notice
Ordinarily, plaintiffs in slip and fall personal injury lawsuits must prove that the property owner either created a harmful condition upon which the plaintiff slipped or had notice of the condition and did not remedy it. Of course, it is sometimes difficult to prove that a property owner created a condition, since property owners might not be willing to admit that they created a harmful condition, and it might be difficult to uncover video footage or other proof that they created a dangerous condition. Likewise, absent an express admission from a property owner, it can also be difficult sometimes to prove that a property owner had actual notice that a dangerous condition existed on their property.
However, most courts allow plaintiffs in slip and fall personal injury lawsuits to prove constructive notice. Constructive notice involves showing that a condition was present on property for so long that the property owner should have known that the dangerous condition was present. The amount of time that a condition must be present to prove constructive notice depends on the facts of the case and the nature of the dangerous condition. Circumstantial evidence of how long a condition has existed on premises can be used to prove constructive notice. For instance, the color of a banana peel can prove how long the banana peel existed on property. In addition, if a plaintiff slipped on melted ice cream, the extent of how much the ice cream has melted may prove how long the ice cream was present on the premises. If a property owner should have known that a dangerous condition was on the premises, and failed to remedy the condition, they could be held liable for damages caused to a plaintiff.
Type of Defective Condition
The type of defective condition is very important in slip and fall personal injury lawsuits. The most common defective conditions involve liquids, cracks in the ground, obstacles, and anything else that can present a tripping or slipping hazard. However, not every condition will give rise to liability in a slip and fall case. For instance, some objects that can be classified as open and obvious may not make a property owner liable for a slip and fall case. This can include certain types of obstacles, huge defects in the surface of a property, and other conditions that individuals can reasonably observe. Nevertheless, even if conditions are open and obvious, this does not end the analysis. Indeed, if an individual’s vision is obscured or they are distracted, the condition can still give rise to liability, especially if it is reasonable to believe that people might be distracted or be unable to see a condition. Furthermore, certain conditions can be dangerous in ways that might not be perceptible to people who observe those objects. A skilled personal injury attorney should be able to determine if the type of defective condition, and the circumstances surrounding a case, give rise to liability.
Defenses
There are a number of defenses to slip and fall personal injury lawsuits. For instance, property owners are not typically liable for some types of personal injury cases during a storm or immediately thereafter. This is because people track in rain and snow while a storm is ongoing, and it is difficult to ensure that premises are free from this condition during storms. In addition, certain parties might not be liable for personal injuries that occur on their property, since another party is responsible for maintaining the premises and the other party has no control over what happens on the premises. A skilled personal injury attorney will be able to include all liable parties in a lawsuit and ensure that solid arguments are made to counter any defenses advances by defendants.
The Rothman Law Firm has substantial experience with slip and fall lawsuits as well as many other kinds of personal injury cases. We know how to build the best case possible, and prepare a case for trial if necessary. If you are looking for a skilled New York and New Jersey personal injury attorney to handle your matter, please feel free to contact The Rothman Law Firm to request a free legal consultation.