Newark Falldown Injury Lawyer Shares How Negligence is Determined in NJ
If you are injured in a slip-and-fall accident in New Jersey, can you automatically blame the owner of the premises on which the accident occurred? This is not necessarily the case, which is why it is so critical to immediately contact a Newark falldown injury lawyer after you have been hurt. New Jersey law specifies that just because a fall happened in a certain location, it does not necessarily follow that the property owner was negligent. Instead, it’s the responsibility of the plaintiff, who is the injured party, to prove that the owner of a grocery store, bank, restaurant, retail store, or other public place was negligent and that this negligence contributed to the plaintiff’s injury.
What Is Negligence?
Negligence may be defined as a failure to exercise, in the given circumstances, the degree of care for the safety of others that a person of ordinary prudence would exercise under similar circumstances.
It may be the doing of an act that the ordinary prudent person would not have done, or the failure to do that which the ordinary prudent person would have done, under the circumstances then existing.
In most personal injury lawsuits, the plaintiff bears the burden of proving his or her case by a preponderance of the evidence. The same is true for negligence. Many negligence cases are what are known as fact-sensitive cases, and it is important to discuss your matter with a knowledgeable fall-down injury lawyer. They have the experience and knowledge to potentially help you or a loved one.
Who Is Responsible for a Fall in New Jersey?
It is possible for the owner of a property as well as caretakers and managers to be wholly or partially at fault for slip and fall accidents. If any of these individuals fail to maintain their property free of known hazards that have the potential to cause a serious injury, then they may be negligent.
Examples could include failure to clear trip hazards from walkways, neglecting to fix a broken staircase, and not following through with cleaning up a spill.
Other factors may come into play when determining liability such as the relationship between the injured person and the property owner. For instance, it makes a difference if the injured party was an invitee, a licensee, or a trespasser on the property.
If you have questions that you would like to ask of a Newark falldown injury lawyer, call the Clark Law Firm at 1-877-841-8855 or click to chat with a legal professional online.