East Brunswick Slip and Fall Accident Lawyer

Slips and falls remain one of the leading causes of preventable injury and death across New Jersey and the United States. According to the National Floor Safety Institute, “Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls.” Certain groups of people including older adults are much more likely to be injured in falls.

But any person could be injured in a fall. Those injured in these accidents often face an uphill battle in terms of recovery. Preventing falls should be a major priority for property owners. When property owners do not take reasonable steps to protect guests from slips and falls, anyone injured may be able to seek aid through a personal injury claim. If you’ve been injured in a slip and fall, the East Brunswick slip and fall accident lawyers at Beninato & Matrafajlo are here to help. Our legal team is committed to providing accident victims with compassionate and skilled representation. You can reach out to our office anytime at 908-355-7100.

Common Causes of Slip and Fall Accidents

Slip and falls can occur for a variety of different reasons and in a variety of different settings. This may include homes, workplaces, and public spaces. Generally speaking, falls are much more likely to occur during periods of inclement weather. Rain, ice, and snow can make both outdoor and indoor surfaces slick. Ice, in particular, is often undetectable, especially on black surfaces such as asphalt or beneath a layer of snow. What follows below are some of the other common causes of slip and fall accidents.

• Uneven Surfaces: Cracked sidewalks, potholes, and uneven flooring can become serious tripping hazards for those who don’t suspect them. These hazards are common in high-traffic areas and are often overlooked during routine maintenance.
• Poor Lighting: Inadequate lighting in outdoor and indoor settings, such as stairwells, can obscure the presence of hazards and increase the risk of falls. Proper lighting and clear pathways are crucial to preventing people from accidentally tripping.
• Loose or Missing Handrails: Inadequate support on stairs or ramps may lead a person to lose their balance and fall. Ensuring that handrails are secure and in good condition is key to preventing accidents.
• Wet or Slippery Floors: Spills, leaks, and recently cleaned surfaces can create slip and fall hazards if they are not properly managed. Business owners should do their best to mitigate these hazards and provide adequate warning in the meantime. This may include placing “wet floor” signs in certain locations.
• Clutter and Obstacles: Items left in walkways such as cords, boxes, and debris can become tripping hazards. Keeping walkways clear is a very basic and yet often overlooked safety measure.

Slip and falls can lead to severe injuries and can be devastating for both victims and their families. It is important that the circumstances surrounding any slip and fall accident are properly understood. In far too many situations, property owners were aware of tripping hazards on their property, but they still failed to take action. Depending on the facts of any case, a property owner could face civil liability for a slip and fall accident.

Liability For Slip and Fall Accidents

Property owners in New Jersey have a legal obligation to maintain their premises in a reasonably safe condition in order to prevent accidents. Under Common Law, a plaintiff in New Jersey must establish the existence of a duty of care that was breached by a property owner. See, for example, Townsend v. Pierre, 221 N.J. 36 (2015). The extent of the duty owed will depend on whether the person entering the property was an invitee, guest, or trespasser. There could be numerous liable entities for any slip and fall accident.

• Business Owners: All business owners must ensure that their establishments are safe for customers and employees. Accordingly, they must perform regular cleaning and maintenance.
• Government Entities: Pursuant to NJ Rev Stat § 59:4-1 (2023), a government entity such as a city or county could be liable for a dangerous condition on public property. An example of a defect on public property could include a public sidewalk with large cracks that may cause a person to trip.
• Contractors and Maintenance Companies: It is common for property owners to hire contractors and maintenance companies to make needed repairs. If their work is substandard or they fail to correct known issues, this could form the basis of a negligence claim. Contractors may also inadvertently create hazardous conditions by failing to section off dangerous worksites from the public.
• Property Owners: Property owners could also be liable for slip and fall accidents. They must regularly inspect their property and mitigate known hazards. Consider, for example, Berger v. Shapiro, 30 N.J. 89(1959). A woman fractured her ankle at a house because a brick was missing from a porch step.
• Property Managers: When a person or business operates as a property manager, they will typically oversee the day-to-day operations and maintenance of a property. They could be liable for any person who is injured on their property.
• Retail Stores and Supermarkets: Retail stores and supermarkets must ensure that their floors are clean and free from obstructions. Supermarkets must be particularly cautious to prevent wet floors. The produce section of supermarkets is filled with water misters to keep produce fresh.

When a property owner has actual or constructive notice of a dangerous condition on their property, they must take action. Actual notice could involve a person letting them know about the dangerous condition through a letter or email. Constructive notice occurs when a property owner becomes aware of a dangerous condition due to previous accidents taking place. When a property owner fails to correct a dangerous condition on their property, they could be liable for any resulting injuries.

Common Injuries With Slip and Fall Accidents

Slip and falls can result in a wide variety of different injuries. These injuries can range from relatively minor to severe and life-threatening. Older adults and those with certain medical conditions such as osteoporosis are susceptible to being severely injured. The impact of a fall can cause immediate pain and long-term health complications for victims. In turn, this may affect a person’s ability to be gainfully employed or to simply enjoy everyday activities. What follows are just some of the common injuries associated with slip and falls.

• Fractures and Broken Bones: Falls may result in fractures in all parts of a person’s body and are especially likely in a person’s wrists, arms, and ankles.
• Head Injuries: When a person falls, they can easily hit their head against the ground, tables, or other objects. This can lead to mild concussions or traumatic brain injuries (TBIs) with lasting consequences.
• Back and Spinal Cord Injuries: Falls can cause herniated discs, spinal fractures, and other serious types of back injuries. They can also exasperate existing conditions.
• Soft Tissue Injuries: It is common for falls to result in soft tissue injuries such as sprains, strains, and tears in muscles, ligaments, and tendons.
• Cuts and Abrasions: Sharp objects or rough surfaces can lead to major lacerations and abrasions.
• Hip Injuries: As people get older, hip injuries are a much more common occurrence from falls. These injuries often require surgery and long recovery periods.

Recovering from a slip and fall accident can be an extremely challenging process. Many victims face significant medical expenses, lost income, and extensive pain. To make matters worse, property owners and their insurance providers will often do everything in their power to deny liability after any person is injured in a slip and fall. This is one of the many reasons it is so important to seek the guidance of a skilled slip and fall attorney if you’ve been injured.

Important Steps to Take After A Slip and Fall Accident

The aftermath of a slip and fall accident can be chaotic and confusing. Many of the injuries sustained in a slip and fall might not be immediately obvious. This is particularly true for fractures and head injuries. According to the Journal of Neurotrauma, “[an acute head injury] can lead to long-term consequences, including progressive brain atrophy and an increased vulnerability to neurodegenerative disorders.” Accident victims should consider taking a number of actions after a slip and fall.

• Seek Medical Attention: Your health is the top priority after any accident. Even if your injuries seem minor, it is important to be evaluated by a medical professional.
• Report The Accident: It is important to report an accident as soon as possible. The written report of the accident may prove to be extremely useful later on.
• Document The Scene: If you are able to, it is a good idea to document the scene by taking photos of any hazards, lighting conditions, and weather, if relevant.
• Gather Witnesses Information: Collect the names and contact details of any person who may have seen what happened.
• Keep Detailed Records: It is important to maintain records of all medical treatments, expenses, and any communication related to the accident.
• Contact an Attorney: Any person injured in a slip and fall should seek the guidance of an experienced attorney. An attorney can guide you through the legal process and help you receive a fair settlement for your injuries.

It is important to remain organized and proactive after any slip and fall. Proper documentation and immediate action can help provide a solid foundation for any legal claim that you may want to pursue. If you do want to seek damages through a lawsuit, hiring the right attorney can often mean the difference between winning and losing. Property owners and their insurance providers have teams of attorneys to look out for and defend their interests. A premises liability attorney can help level the playing field and ensure that your interests are always taken into consideration.

Getting Legal Help After Slip and Falls

The East Brunswick slip and fall accident lawyers at Beninato & Matrafajlo are committed to helping victims of slip and falls get the support and justice that they deserve. Our law firm has a long history of achieving exceptional results for clients all over New Jersey. We are dedicated to getting our clients the maximum compensation and the best medical care possible.

If you or someone that you care about has been injured in a New Jersey slip and fall, there are laws designed to protect your rights. It doesn’t cost anything up front to hire our legal team, and we only get paid by the opposing party if we are able to successfully resolve your case. Whether you just have legal questions or need any type of assistance, we are here to serve your needs. You can contact us anytime for a risk-free consultation at 908-355-7100.