Monmouth County Trip & Fall Lawyer
In New Jersey, a person injured in an accident that occurs on someone else’s property may have a claim for damages under what is known as premises liability. Basically, a premises owner must take reasonable steps to safeguard their property from dangerous or hazardous conditions that might lead to an accident. So if a customer or another invited guest does trip and fall on such a hazard, the owner can be held legally responsible.
If you have been injured in such an accident, an experienced Monmouth County trip & fall lawyer can review your case and advise you of your rights. At Poulos LoPiccolo, we represent individuals pursuing compensation claims against property owners–and their insurance companies–whose negligence has left you with a stack of unpaid bills and mounting financial losses.
Holding Property Owners Accountable for Poor Maintenance
Premises liability does not mean that an owner is always responsible for any trip and fall accident on their property. Rather, the owner must have committed some negligent or wrongful act. As the injured victim, you have the legal burden to prove such negligence in court.
Trip and fall accidents can arise from a number of negligent acts on the part of a property owner or manager. Some of the more common examples include:
- Failing to remove a slippery substance, such as a puddle of liquid, from the aisles of a store.
- Failing to properly maintain the entrances and sidewalks leading into a store, such as by not removing show or fixing a crack in the pavement.
- Failing to properly maintain a defective escalator or elevator.
- Failure to provide proper lighting, especially in stairways where many tripping accidents take place.
- Failing to properly restrict access to areas of a building under construction or leaving dangerous equipment lying about.
Even when the evidence shows a property owner was negligent in some way, they can turn around and try to blame the victim. A common defense in premises liability cases is that the victim contributed to or caused their accident due to their own failure to pay attention. New Jersey follows a “modified comparative fault” rule in premises liability cases. This means that if you are found partly at-fault, a court may reduce or eliminate any potential award of damages.
But when the property owner is found responsible for a trip and fall accident, they can be on the hook for substantial damages. Accident victims are entitled to seek compensation for both their out-of-pocket losses (economic damages) as well as their ongoing intangible losses (non-economic damages). This includes medical bills, lost income, and even the victim’s pain and suffering.
NJ Trip & Fall Lawyers Serving Ocean, Monmouth & Middlesex County
Commercial property owners and insurance companies are often quite adept at defending against premises liability claims. That is why you should always work with a skilled New Jersey trip & fall lawyer who can effectively represent your interests when pursuing a case. Contact Poulos LoPiccolo PC today to schedule an initial consultation with a member of our staff.