Who Is Liable For A Slip And Fall Accident?
If you or someone you love slips and falls, or trips and falls, on another party’s premises in Pennsylvania or New Jersey, it may be possible to file a premises liability lawsuit. In order to file a premises liability claim, you will need to determine who is liable for the slip, trip, or fall accident. An experienced New Jersey and Pennsylvania slip and fall accident lawyer can evaluate your case to provide you with clear information about likely liability. In the meantime, the following information can explain in more detail who may be liable for your slip and fall accident.
Negligent Property Owners Can Be Liable for Injuries
When a person or entity that owns or possesses property maintains it in a negligent manner, that party can be liable for slip and fall injuries that occur. Property owners (or renters, for example) do not have to remove every single risk from the property, but they must maintain the property in a reasonably safe manner. Failing to maintain the property in a reasonably safe manner will often result in liability. Common examples of property owner liability, according to the National Safety Council (NSC), include but are not limited to:
- Failing to clean up a liquid spill on a restaurant or grocery store floor;
- Leaving tripping hazards in a common walkway;
- Failing to repair torn carpeting that poses a tripping hazard; or
- Damaged sidewalk or walkway that goes unrepaired.
In many cases, a property owner can avoid liability by warning about hazards on the premises that they cannot repair or remedy immediately. Yet a failure to maintain the premises in a reasonably safe manner or to warn about risks can come with liability.
Private Property Owners
Many private property owners, or people possessing private property as renters, can be liable for failing to maintain the premises in a reasonably safe manner. Private property can include both retail establishments and other businesses, as well as personal properties such as homes. Both New Jersey and Pennsylvania have a two-year statute of limitations for most personal injury lawsuits, including slips and falls that occur on private property.
Public Property Owners, or Government Claims
In some circumstances, injuries resulting from slips, trips, or falls will happen on public property. For example, a slip and fall injury might occur on a public sidewalk or road, or in a public park. If the property was negligently maintained, then a government entity could be liable for slip and fall injuries. Filing a government claim in Pennsylvania or New Jersey has specific requirements, including a notice requirement and other steps. The statute of limitations is also shorter, requiring the injured person to file a claim in a much shorter period of time.
To determine whether you can be eligible to file a government claim for a slip and fall on public property, you should seek advice from a lawyer.
Contact a New Jersey and Pennsylvania Slip and Fall Lawyer
One of the experienced New Jersey and Pennsylvania slip and fall lawyers at Monaco Law PC can assist you. Joseph Monaco is a New Jersey and Pennsylvania personal injury lawyer serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County and all of South Jersey.