Can I File a Claim for a Slip and Fall Accident at My Local Mall?
December 8, 2020
With the spooks of Halloween nothing but a distant memory and the last of the Thanksgiving leftovers gone from the refrigerator, it’s time for the last major holiday of the year. Coincidentally this also means a huge surge in the number of New Jersey residents trying to wrap up on their holiday shopping…and a sharp increase in the number of slip and fall accidents in the mall.
Why Are Slip and Fall Accidents More Common During the Holiday Season?
Well, the answer to that is simple. More people equals more traffic within the mall and more opportunities for someone to sustain a personal injury due to a fall. Mall management and employees may also have a hard time dealing with this sudden influx of shoppers.
What Are the Common Causes of Slip and Fall Accidents in Morristown, NJ?
Morristown malls are pretty much the same as any other mall within Morris County, Middlesex County, Essex County, and Sussex County – and they all share the usual culprits when it comes to slips and fall accidents.
- Wet floors
- Dropped items or debris
- Cracked tiles
- Puddles or ice tracked in from outside
- Slippery tiles, and so on.
Read more: Falling in a Store: Proving Liability
Who is Liable for a Slip and Fall Accident in New Jersey?
Whether the responsibility falls on the department store or mall typically depends on where the incident occurred. If it happened within the department store then they are held liable. However, if the injury occurred on the mall premises or parking lot then the mall is held responsible.
What Conditions Must Be Met Before You File a Personal Injury Claim Due to a Slip and Fall Accident Inside a Mall?
Here are the four conditions that must be met to prove a personal injury claim within a mall due to a fall and slip accident:
1. The defendant owed you a duty of care. Under Section 3 (1) of the Occupier’s Liability Act, the occupier (in this case the owner of the mall or store) has promised to ensure the personal safety of anyone on their property. This is the easiest condition since all you have to prove is that you were invited into the store.
2. You must prove that the defendant neglected this duty. Your attorney must prove the defendant’s negligence led to the injury of the plaintiff (you). Note that under Section 4 (1) of the Occupier’s Liability Act, you may lose your right to compensation if the defendant can prove that you were injured as a result of reckless behavior or carelessness.
3. You must prove that you were injured. Most people get at least bruises from falls. However, slip and fall accidents can commonly result in catastrophic injuries to a person’s back, neck and head. Time-stamped photo evidence and a doctor’s report will add strong credibility to your injury claim.
4. Your injury was caused by the incident. This is very important, especially since certain injuries are not likely to result from a slip and fall. For example, it is unlikely that a simple slip and fall incident will cause second-degree burns. You must prove that your injuries are directly linked to the accident that happened within the mall premises.
Contact a Morristown Personal Injury Lawyer to Discuss Your Slip and Fall Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a slip and fall accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hoyt & Hoyt, PC represent clients injured because of a slip and fall accident in Rockaway, Morris Township, Woodbridge, Perth Amboy, and throughout New Jersey. Call (973) 292-2299 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 67 East Park Place, 5th Floor, Morristown, NJ 07960, as well as an office in New Brunswick, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.