Ice and Premises Liability

Every season has its own upsides and downsides, and winter is no exception. In addition to snowfalls, holidays, and other enjoyable things about this time of year, there is also an increased risk for injuries related to icy weather. Responsible businesses recognize this risk and take precautions to keep their customers and the general public safe. Unfortunately, every year there are some businesses and other property owners who fail to do so.

If you have been injured in a slip and fall accident on icy pavement, you may have grounds for a personal injury claim against the party responsible. The New Jersey premises liability attorneys of Levinson Axelrod, P.A. will fight aggressively for the fair compensation you deserve. To learn more, call our offices at 800-346-5529.

Constructing a Case

In order to successfully file a premises liability claim, you need evidence that the property owner knew about a certain threat on his or her property (or should have known about it) but failed to take correct action. These claims are general based on the “reasonable person” standard: if the defendant failed to take precautions that any reasonable person would have taken, he or she is legally negligent.

In terms of icy weather, the reasonable person standard means that property owners should notice any patches of ice that may exist on their grounds. Once they have seen or been informed of these patches, they should take reasonable steps to ensure visitors’ safety. This could mean sprinkling salt to melt the ice, or posting clear signs warning visitors about the ice’s presence.

In order to have a solid case, however, you also need evidence that the property owner had a reasonable amount of time to see and correct the problem. For example, if you were on the grounds after business hours when your injury occurred, you may not have grounds for seeking compensation. You will also need evidence that you have suffered significant injuries; a fall may not be grounds for compensation unless you required medical treatment or have experienced lasting pain or disability.

If your claim is successful, you could be compensated for missed work, pain and suffering, and more. Our New Jersey slip and fall lawyers can offer information and guidance as you work for repayment.

Contact Us

The New Jersey personal injury attorneys of Levinson Axelrod, P.A. take on each case with dedication, efficiency, and a passion for justice. Contact our offices today at 800-346-5529.

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