While snow is exciting and is associated with winter and holidays it also makes getting around much more difficult. Icy sidewalks, parking lots and roadways cause numerous accidents every year.
Icy roadways cause numerous automobile and truck accidents. Even after roadways are salted sometimes ice and black ice persist to unaware drivers. Icy conditions on walkways and parking lots injure many pedestrians a year. If you or a friend or loved one has been injured after slipping and falling in an icy parking lot or sidewalk, we can help you understand your rights and if you have a legal case.
SHOULD I GET A LAWYER? Yes, at least consult with one. New Jersey law requires that you commence legal action within two years of the date of the accident. If you do not, you will likely be prevented from seeking any legal remedy through the court system, no matter how severe the injury is or how negligent the property owner may have been regarding the conditions that caused the accident. You are well-served to determine your rights and the owner’s responsibility as soon after the injury as possible.
At Spector Foerst, we handle our personal injury and slip and fall cases on a contingency basis. That means you do not pay any money out of your pocket. We only recover if you recover.
What does an attorney do for you? Initially, having an attorney will protect you from the insurance company. The insurance company is not allowed to contact you and try to take advantage of you after they know you have a lawyer. Secondly, we have years of experience dealing with insurance adjusters and know what information they need and what information they do not need.
WHAT HAPPENS NEXT? After an investigation of the facts, each case must be evaluated on its own merits. Important information that must be considered include weather conditions, what the owner of the property did/does to maintain the property and foreseeability of the danger.
In some cases, many parties/entities may be responsible for slip and fall accident injuries. Location matters when determining liability in slip and fall accidents.
- Single family homeowners are not required to warn others of dangerous conditions, or remove accumulating snow and ice. In most cases, residential property owners are not liable for slip and fall injuries resulting from natural ice and snow. However, if the homeowner makes conditions worse and increases the risk of a fall, they may be held liable.
- Commercial property owners and managers are legally required to take measures to prevent accidental injuries. Commercial properties include hotels, apartments, businesses and stores. Property owners are required to post warnings of hazardous conditions and to remove hazards including snow and ice. This also includes warning of slippery floors from snow tracked into a building. If they fail to do so, they may be held liable for resulting injuries.
If commercial property owners hire outside contractors to clear snow and ice, but the job was done poorly, the snow and ice removal company may also be found liable for resulting injuries.