An unexpected trip to the hospital should never be part of your shopping trip to the mall. You should be able to drive home from the mall in the car that your arrived in. You should not have to leave the mall in an ambulance. People work hard for their money and you deserve to spend your money for purchases at the mall, not on medical bills. Anyone involved in a slip and fall accident understands how difficult life can get after being injured on someone else’s property. If you fall at your own house, most likely you (or your children’s toys) will be responsible for your fall. If you are injured on someone else’s property, they may be at fault for your slip and fall accident. The owner may be responsible for your injuries, medical bills, lost wages, and other expenses. But the most important question is: who is responsible for your injuries when you fall at a mall, shopping center or someone else’s property? Is it the property owner, the landlord, the tenant, the maintenance company or an employee where you fell?
Premise liability laws are very complex in New Jersey. You need an experienced attorney to navigate the complex laws and rules for slip and fall cases. A good attorney is key to helping determine which party is responsible for your injuries when you fall in or around a mall, store or shopping center. An attorney will hold the responsible person or company legally liable for your injuries and ensure your rights are protected and you receive the compensation you are entitled to.
If you are injured on a business property – a shopping mall, and office complex, big box store, apartment complex – you may assume the business where you fell is responsible for your injuries. However, New Jersey laws make determining the right party responsible for your fall significant to any claim for personal injuries you sustained. If you do not identify and make a claim with the correct party where you fell, you may be prevented from recovering any compensation for your injuries.
New Jersey premise liability laws require property owners to provide a safe environment for all people who visit or shop at their property. A business owner must keep its property same from all dangers and hazardous conditions. For example, commercial businesses must make sure their property, sidewalks, and parking lots are free from ice, snow and other dangerous conditions. Another example is that a grocery store or big box store (Walmart, Target, Home Depot, Lowes, etc.) must keep their aisles clear and free from any tripping or slipping hazards. However, just because you fall at a store does not make them automatically responsible for your injuries. In order to recover compensation for your injuries, you must show:
- The store, business or property owner owed you a duty to keep its premises safe from dangers and hazardous conditions;
- The store, business or property owner failed to satisfy that duty;
- The failure to satisfy that duty was the proximate cause (reason) for your fall; and
- As a result of your fall, you suffered injuries.
In New Jersey, there may be other parties – besides just the property owner – responsible for your injuries. If you fall at a Wal-Mart store, you need to determine if the store is responsible for the property where you fell. If the store is a tenant at the commercial property location, the property owner may be responsible for the area where you fell. And if you fall on stairs or a hallway at a mall, the party responsible for maintaining the common areas at the mall may be responsible for your injuries. If you fell on ice or snow in a parking lot or sidewalk, the snow removal company may be responsible for your fall. And if you fall inside a store, the maintenance and cleaning company may be responsible for your accident. If you do not sue the party responsible for maintaining the property where you fell, you may not be able to recover money for your injuries. Another reason it is critical to identify the correct party is because the property owner may claim that they did not have knowledge of the dangerous condition or hazard – and that it was not responsible for maintaining the property free and clear from all dangers and hazards.
Your attorney must be mindful to identify and make claims against the proper parties for your slip and fall claim at someone else’s premises.
Contact MyNJInjuryLawyer Howard P. Lesnik, Esq.
If you were injured in a slip and fall or trip and fall accident at a store, mall or other business – whether it was a dangerous condition, snow, ice or other hazard, please contact My New Jersey Injury Attorney Howard P. Lesnik, Esq. immediately. Your phone call is confidential, complimentary and no obligation. I will answer any questions and provide information so you can make a decision about your potential claim against a store, mall or business for your slip and fall injury claim. Please remember that there is no legal fee unless I recover money compensation for your injury claim.
My NJ Injury Lawyer Howard P. Lesnik, Esq. offers free strategy sessions to address any issue or questions you may have about your accident claim in NJ.
Please contact NJ Injury Lawyer Howard Lesnik, Esq., immediately if you were involved in a slip and fall accident at a store, business, mall or other location. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.