Can I Sue For a Slip and Fall Injury in New Jersey?

Reviewed by Daniel P. McNerney, Esq.

Slip and fall accidents happen nearly every day in New Jersey, and though they oftentimes do not result in serious injury, they very often do. When we hear the word “accident,” we generally think of an automobile crash. However, accidents can happen anyplace, anywhere, and if you are someone who has recently sustained injuries in a slip and fall accident on another person’s property, there is a very good chance you are now seeking financial compensation. Please read on and reach out to our Bergen County personal injury attorneys to learn more about slip and fall accidents and how our firm can help if you’ve been hurt in one. Here are some of the questions you may have:

What are the most common causes of premises liability and slip and fall accidents?

Slip and fall accidents can happen for many different reasons, though they are usually the result of negligence. When property owners or those who work for the property fail to take certain safety precautions, the grounds can become unsafe and injure others as a result. For example, spills left unattended in store aisles, potholes left unfixed in parking lots, uneven pavement, poorly placed floor mats, or even weather-related hazards left alone long after a reasonable amount of time has passed all cause serious slip and fall accidents. Under New Jersey premises liability law, property owners owe a duty of care to protect lawful visitors from these known hazards.

What steps should I take after being injured in a slip and fall accident?

If you are injured in a slip and fall accident, as long as you are physically capable, you should take several steps to ensure you document the incident and bolster your chances of winning a future personal injury claim.

1. First, call the police. If you were injured in a store, notify the store owner of your injury. They will also send an ambulance to transport you to a hospital for medical treatment if necessary.
2. Take pictures of the unsafe conditions that caused your accident.
3. Ask any witnesses of the accident for their name, phone number, and email.
4. Ensure you receive all medical documentation relating to your injuries from your doctor and seek immediate medical attention.
5. Retain the services of a knowledgeable New Jersey personal injury attorney who can prove that the property owner knew, or should have reasonably known about the unsafe conditions present, failed to take action to fix them, and that you were directly injured and suffered significant damages as a result of that property owner’s negligence.

How long do I have to file a personal injury lawsuit for a slip and fall accident in New Jersey?

In the aftermath of your slip and fall accident, you may take the time away needed to heal from your incurred bodily injuries. What’s more, you may even be waiting to see if you can recover from your bodily injuries unaided; in other words, without having to pursue financial compensation via legal action. However, you must strongly consider whether you wish to file a slip and fall accident claim before you are no longer afforded this option; that is, before the statute of limitations rapidly comes and goes. Fortunately, our legal team can do everything in our power to help you meet this critical deadline.

The statute of limitations is the law that sets the maximum time that a party has to initiate legal proceedings. In the state of New Jersey, the enforced statute of limitations for personal injury claims is, generally, two years. This means that you will have two years from the date on which your slip and fall accident occurred to sue the property owner responsible. If you wait any longer than two years, you will most likely be permanently barred from holding the at-fault party accountable for their negligent actions and barred from financially recuperating from the economic and non-economic damages that were brought on by your accident event. Do not let this happen. We are ready to begin the claims process on your behalf today. This rigid two-year filing requirement is strictly codified under New Jersey Revised Statutes Section N.J.S.A. 2A:14-2.

What are the statutory exceptions to the two-year filing deadline?

Of note, you may qualify for an exception that extends the statute of limitations for your slip and fall accident claim. New Jersey courts typically recognize a couple of distinct scenarios:

For one, there is the exception of the discovery rule. Here, you may present evidence that proves that your bodily injuries were not discoverable immediately following your accident event. As an example, it may take days, weeks, or even months for your traumatic brain injury to be officially diagnosed. In turn, your statute of limitations of two years may start on the date on which your bodily injuries became known or should have reasonably been known, rather than the date on which your accident occurred.

Secondly, there is an exception if you were a minor at the time your slip and fall accident occurred. In this case, your statute of limitations may be two years from the date on which you turn 18 years old, rather than the date on which your accident occurred. All in all, when dealing with an urgent matter like this, you must drop everything and contact one of our skilled Bergen County personal injury attorneys. Additionally, if your accident occurred on public or government property, you must file a formal Notice of Claim within 90 days under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8), or your case will be barred entirely.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. As a victim, your only job is to call us, and we will take it from there. Please, do yourself a favor and do not wait. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you. Our firm is here to help you pick up the pieces.