New Jersey Slip & Fall Injury Lawyer
Did You Slip, Trip, or Fall on Someone Else's property?
Did you slip and fall on someone else’s property? Whether at a shopping mall, gas station, grocery store, public facility, or any other premises, Levinson Axelrod, P.A. is here to help. We know how damaging a slip-and-fall or trip-and-fall incident can be. From spinal cord injuries to neck and back injuries, these types of accidents can result in lifelong pain and suffering. When you retain our counsel, we get to work right away investigating your case, uncovering the cause of the accident and the party at fault. From there, we work on crafting a compelling claim.
Ready to tell our firm about your case? Call our NJ slip and fall lawyers at (732) 440-3089.
Causes of Slip & Fall Injuries
- Buildup of snow or ice in parking lots or walkways
- Damaged or broken stairs / stairwells
- Poorly designed parking lots
- Sidewalk damage or hazards
- Wet floors or isles in stores
- Any other property hazards
Don’t wait to get legal counsel for your slip and fall accident. Talk to our slip and fall accident attorneys in New Jersey today. We have 80 years of experience and serve clients all over New Jersey, including Somerset, Monmouth, and Middlesex Counties.
Identifying “Dangerous Conditions”
In order to bring forward a successful premises liability claim in a slip and fall case, you must be able to show that a dangerous condition was present. More than that, you must be able to show that the property owner was aware of this condition or should have reasonably been aware of it. Lastly, you must show that this dangerous condition caused you to slip and fall and suffer injuries. Keep in mind, as a customer or guest, you must have been acting in a reasonable manner as well. If the dangerous condition was avoidable or you could have foreseen the risk, you may not be able to hold the property owner fully liable. That is why it is important to work with a qualified slip and fall attorney when trying to craft a claim.
The following can be used to prove that the defendant had notice of the unreasonably dangerous condition:
- They or their employees created the condition;
- They or their employees actually knew about the condition; or
- The condition had existed for so long that they should have reasonably known about it.
What Is a Transitory Foreign Substance?
Put quite simply, a "transitory foreign substance" is a substance, item, or object located where it does not belong.
Examples of transitory foreign substances include:
- Liquid spills on the floor of a business
- Grease spots in a parking lot
- Fruit peels somewhere on the floor
This term was first defined by the Supreme Court of Florida in 2001 when the court held that the existence of a transitory foreign substance was enough to presume the premises owner and/or operator had not exercised reasonable care in maintaining their premises. This helped alleviate the burden on the plaintiff to prove the negligence of the defendant in a claim. However, the following year, the Florida Legislature enacted a new section that shifted the burden back to the injured party by essentially overruling the 2001 decision.
In cases involving foreign substances, it is critical you prove the defendant had received notice of the dangerous condition and failed to either warn visitors of the problem or remedy the situation. We’ve handled cases such as this before; we know the steps to take and can walk you through the claim from beginning to end. If you were injured in an accident that involved slipping on a foreign substance, call our firm for help.
What If I Slipped on Snow or Ice Outside a Business?
Every year, far too many people are injured in accidents caused by snow and ice. While these are all tragic, not every accident will lead to a lawsuit. Below, we explain the different legal standards that may apply to snow and ice claims; these will depend on jurisdiction.
These are common legal standards that apply to business liability as it pertains to snow and ice:
- Natural Accumulation – Per this rule, snow and ice are not created by the business owner and cannot be considered a defective property condition. Under this rule, a business owner would not be liable for injuries caused by related accidents. There is, however, an exception. Under this standard, business owners could be held liable if it had been a long time since the snowfall has occurred and the snow has since become compacted ice.
- Storm-in-Progress – Under this legal standard, business owners are only required to begin snow and ice removal once a reasonable time has passed after the ending of a storm. With this rule, a jury would have to determine if the plaintiff was injured from new snow or old snow.
- Reasonable Care – This is one of the most common legal standards under which a business owner is required to use “reasonable care” to address issues surrounding snow and ice on their property. There would be no distinction between snow and ice or any other dangerous condition under this standard.
Get Guidance from Levinson Axelrod, P.A. Today
Our New Jersey slip and fall injury attorneys have decades of experience. We are one of the largest firms in the state that is exclusively dedicated to handling slip and falls and other injury cases. This means we are uniquely qualified to handle your case. When you trust us, you are trusting a team of seasoned slip and fall injury lawyers who care about our clients.
Contact us today at (732) 440-3089 to discuss your case.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Premises Liability Settlement $1,800,000
The operator of an aquarium business suffered permanently disabling injuries when he fell through a deck at the defendant's house. Our client had arranged to feed the defendant's fish while he was away, and in attempting to retrieve the keys to the house from behind a bar next to the swimming pool, fell through a rotted plank, suffering serious injuries.
Premises Liability Settlement $1,250,000
Our client tripped and fell down a set of stairs at a commercial establishment due to materials that were left by the defendant at the top of the stairs. The fall resulted in our client suffering severe back and bladder injuries. Expert testimony established that the materials left on defendant's steps created a substantial tripping hazard and violated known safety standards in the industry.
Premises Liability Settlement $1,200,000
As our client stepped out of his parked his vehicle at an Ocean County mall, he slipped and fell on black ice, rendering him unconscious for a few minutes. As a result of the fall, our client sustained back and neck injuries requiring surgery, impaired vision requiring prism glasses, an inner ear injury requiring surgery, and shoulder surgery. As a result of these injuries, our client was disabled from work.
Premises Liability Settlement $1,100,000
Our client slipped and fell on a wet floor in the vestibule of the office building where she worked, sustaining an injury to her neck that required surgery. At the time, it was snowing outside and the landlord had removed the floor mat but failed to replace it before the accident occurred.
Mall Injury Verdict $935,000
Partner Brett Greiner of the Edison office secured a verdict for a Carteret woman who was injured when she slipped and fell near a decorative fountain at a shopping mall. The defense argued that the plaintiff's condition was chronic and longstanding and not related to the accident. The Middlesex County jury awarded the plaintiff and her husband over $935,000.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
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