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Can I recover damages after my slip and fall?

On Behalf of | Nov 29, 2022 | Injuries, Personal Injury

Whether you are visiting a friend’s apartment or shopping at your local grocery store, you are at risk of slipping and falling due to a dangerous condition on the property.

To file a slip-and-fall lawsuit to recover damages after your accident, you must show:

  • There was a dangerous condition on the property.
  • You were lawfully on the property.
  • The property owner had knowledge of the dangerous condition, or should have known about it.
  • The property owner failed to fix the condition and/or warn of the condition.
  • Your accident was the result of the dangerous condition.
  • You suffered injuries in the accident.

What if I was at fault?

Many slip-and-fall accidents are caused by the negligent actions of both the store owner and the victim.

Store owners who fail to take reasonable steps to ensure their property is free from dangerous conditions may be held liable for a slip-and-fall victim’s medical expenses, lost wages, pain and suffering, and other costs.

However, the store owner may not be the only person liable for the accident. The accident victim may be partially liable for their own injuries by failing to wear proper shoes, failing to pay attention to posted warning signs, and failing to pay attention in general.

Under the modified comparative negligence law in New Jersey, you may recover damages after a slip-and-fall even if you were partially responsible for your own accident.

Slip-and-falls can occur for a variety of reasons. A personal injury attorney can help you determine whether you have a right to recover damages after your accident.

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