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A slip and fall accident lawsuit can be filed by a slip and fall injury victim against the owner of an unsafe property in order to recover damages associated with the injury. A slip and fall accident occurs when a person slips or trips on a walking surface that is slippery, wet, or obstructed in some way. Thousands of people incur slip and fall injuries every year. In a slip and fall accident lawsuit liability and fault is determined based on the circumstances surrounding the accident. In general, both a property owner and a victim can be held liable in a slip and fall accident lawsuit.
If you have been injured in a slip and fall accident, there may be an accident report filed. Filing an accident report is not required by law, though many businesses have policies which require accident reports. In either circumstance, the following information should be collected: what caused the injury, the conditions of the environment, the injuries sustained by the victim, the witnesses of the incident, and other relevant information such as the lighting in the accident area. It may also be wise to take pictures of the accident scene.
A property owner can be held liable for the injuries that a person suffers in a slip and fall accident lawsuit. If the property owner caused the accident they can be held liable. If the property owner should have known about the hazardous condition but took no remedial action, they may also be held accountable in a slip and fall accident lawsuit. There is generally a “reasonable person” liability that holds a property owner responsible in a slip and fall accident lawsuit if a reasonable person could have taken measures to discover and remedy the dangerous condition and therefore prevent causing injury in a slip and fall accident. This may have to do with how long the dangerous condition had existed, whether or not the obstruction served a purpose, whether or not any warning of the condition was posted, and several other factors.
A victim may also bare some responsibility in a slip and fall accident. You may be held liable, at least in some part, if you did not have a legitimate reason to be on someone else''s property. If a reasonable person could have easily avoided the dangerous area of the walkway, you may also be held accountable, in part, in a slip and fall accident lawsuit. If warning of the walkway condition was posted or if your negligence contributed to the incident you may also be held liable in a slip and fall injury.
There are some special circumstances to consider in a slip and fall accident lawsuit that affect liability. Trespassing or engaging in inappropriate activity on a property may absolve a property owner''s responsibility in a slip and fall accident lawsuit. Property owners are not required to provide the same duty of care to trespassers as those who are legally allowed on the property. Children are the exception to this rule because they are not always able to discern danger in the same way that adults can. Employers may also be held strictly liable in a slip and fall accident lawsuit if an employee was injured in the accident. Most slip and fall accident lawsuits must be filed in a certain period of time for a victim to seek compensation for their injuries.
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A man who was seriously injured in a slip and fall accident has won over $5.7 million in a personal injury lawsuit. This is one of the largest jury verdicts in such a case in the history of southern New Jersey.
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