Have You Been Injured in a Slip and Fall Accident in Snow and Ice in New Jersey? Know Your Rights!



Posted: Monday, April 26, 2010

by PRA Law
Pellettieri, Rabstein & Altman

New Jersey Courts have long recognized a cause of action when a property owner fails to use reasonable care to prevent a slip and fall as a result of snow and ice that accumulates on the ground. One of the most common slip and fall accidents is a slip and fall caused by ice or packed snow that can often result in serious personal injuries.

In New Jersey, the owner of property has an obligation to keep their property in a reasonably safe condition, including the removal of snow and ice so as to prevent slip and falls or other personal injuries. Under New Jersey law, a person who enters a business is entitled to have a reasonably safe place within the scope of their invitation upon the property. Property owners are obligated to take whatever steps are necessary including plowing, salting and sanding so as to reduce the risk of slip and fall accidents as a result of snow and ice.

If a person slip and falls as a result of an icy or slippery condition caused by packed snow the law can provide a remedy for a personal injury suffered. Ordinarily a claim is initially made against the insurance company for the property owner who failed to properly take care of their property and if no fair settlement offer is made a personal injury attorney can file a law suit in the Superior Court of New Jersey where damages for personal injuries can be sought.

The heavy snowfalls of 2010 create the risk of a slip and fall accident as result of snow and ice. Often property owners fail to take all measures that are necessary to prevent injuries. If a person is injured as a result of a slip and fall on ice and suffers personal injuries they should contact a personal injury attorney to explore their rights.

The advent of cell phones creates a wonderful opportunity if individuals can have enough foresight to take a photograph of the area where they slipped and fell. A personal injury attorney who has evidence of the condition of the property where the slip and fall occurred would be in a much stronger position to prove a case if there were photographs that were taken at the time that accident occurred. Of course, sometimes people are so seriously injured or simply do not think about preserving evidence at the site of a slip and fall and failure to take a picture will not bar you from bringing a claim and evidence can be obtained from others by other means.

Property owners should all make a concerted effort to make sure that their property is safe and that snow and ice is removed in an area where people would be expected to be walking. However, if you do suffer a slip and fall as a result of snow and ice that accumulates as a result of the failure of a person to properly clear their property then you should consult with a New Jersey personal injury attorney about your rights.

Martin Pappaterra is a partner with Pellettieri, Rabstein and Altman and has been in practice of law since 1983. He specializes in personal injury litigation and has handled many significant slip and fall cases. For more information visits http://www.pralaw.com

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