The Basic Elements to successfully establish a Slip and Fall case in the State New Jersey Discussed
- Dan T. Matrafajlo
- Wed Apr 2020
- Slip And Fall,
If you have fallen on someone’s premises and where injured, you may have a claim for your injuries. In order to pursue a claim for a slip and fall accident, four elements of proof must be established.
The elements of proof for a slip and fall are:
- Duty of Care;
- Breach of Duty of Care;
- Proximate Cause; and
The Duty of care simply means that a third-party person/corporation is required to prevent a foreseeable dangerous condition to exist or continue unabated. For example, if an organization or individual is aware that ice is forming on its parking lot where customers routinely walk upon, that organization or individual must get rid of the ice.
Breach of that Duty of Care simply means that the organization is aware of a dangerous condition and fails to fix it. Using the previous example, the owner or organization breaches its duty of care by failing to remove the black ice that it is aware exits.
Proximate Cause is an element of damages simply meaning that your injuries as a result of the slip and fall are directly related to the fall.
Damages mean all the economic (money) and non-economic (pain, suffering, and loss of enjoyment of life) you lost due to the injuries from the slip and fall or trip and fall accident.
If you’ve been injured in a slip in fall or trip in fall accident, you need to speak to an experienced trial lawyer. The Law Offices of Beninato & Matrafajlo offers experienced legal advice to guide you through the process, and it does not cost you a penny to call. Give us a call for a free office or over the telephone consultation about your potential case.