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  • Slip and Fall Accidents Lawyer in Linden

    The extensive experience Charney & Roberts has with slip and fall injuries help deliver you the results you need. Our client-centered approach provides you with aggressive legal representation that is sensitive to your slip and fall accident.

    Slip and Fall Accidents: Who is at Fault?

    You may have been injured yourself or witnessed someone who slipped and fell and was injured on someone’s property. Did you wonder whose fault it was? Many times people want to blame the clumsiness of the victim, but often when an experienced personal injury lawyer investigates the facts, it can clearly be seen that a third party was at fault.

    When people slip and fall or fall due to negligence on the part of a property owner, they sometimes blame themselves for the injury and simply walk away. However, some slip and fall injuries may involve more than just wincing and embarrassment. The severity of some injuries may not show up for days or even weeks.

    If you have been injured through a slip and fall accident or fall on someone’s property or at work, your next step is to contact an experienced personal injury attorney who can advise you about your situation. Otherwise, you may be faced with expensive medical bills for something that was not your fault.

    Slip and Fall

    “Slip and fall” is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else’s property. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause you to slip and hurt yourself. Outside a building, you may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe.

    Slip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.

    Slip and fall cases are governed under negligence law. To win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. This can often be difficult to prove, since proving when a given hazard first appeared can be challenging.

    Structural defects

    Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building. As noted earlier, to prove negligence, we will have to prove that the property owner knew or should have known about the problem and failed to repair it.

    What To Do If You Slip and Fall

    • Inspect the area where you fell, and try to determine what caused you to fall.
    • Make sure to write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred – both those who saw you fall, and others who were there after the incident — since you will likely need them as witnesses on your behalf. Even if someone did not see you fall, he or she could, if necessary, describe your pain and the conditions of the floor, lighting, or other hazard immediately after you fell.
    • If the incident occurred in a store or place of business, speak with the manager or supervisor on duty, and have them make a record of the incident, being sure to get a copy of anything prepared. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, obtain this person’s name and job title. Make sure to get the name, address and phone number of anyone else who heard him or her make the statement.
    • Have someone take photographs of the area as soon as possible, so a record is made. Dangerous conditions have a way of changing if the property owner thinks that you might file a claim for injuries.
    • If you slip on any substance on the floor, obtain a sample of the substance if possible.
    • After receiving appropriate initial medical treatment, contact an attorney with experience in handling claims for personal injury resulting from slip and fall accidents.

    If you are injured, discuss your experience with a reputable personal injury lawyer to get you the help you need. We invite you to consult our lawyers free of charge, and if you retain us, you only pay if you receive a monetary award. It’s really that simple. Call 908-925-8300 to talk to us about your slip and fall accident today.