Toms River Slip and Fall Lawyers

Slip and fall accidents are among the most common personal injury cases and can have lasting impacts on a person’s health, mobility, and financial security. These incidents happen almost anywhere and can be caused by unsafe conditions. If you or a loved one suffers an injury in a slip and fall accident due to another party’s negligence, there may be grounds for legal action to recover damages related to the injuries and losses.

Victims of slip and fall accidents face the challenges of recovery, mounting medical expenses, and sometimes even the need for long-term care. The Toms River slip and fall lawyers at Kitrick, McWeeney & Wells, LLC have extensive experience handling slip and fall cases in Toms River and help clients pursue fair compensation.

What Is Considered a Slip and Fall Accident?

A slip and fall accident occurs when a person loses their footing and falls due to hazardous conditions on another’s property. Environmental factors like slippery floors, uneven pavement, loose carpeting, poor lighting, and obstacles in walkways often cause these accidents.

These incidents can result in a range of injuries, from minor scrapes and bruises to more serious conditions like fractures, spinal injuries, and head trauma. In New Jersey, the property owner may be held liable for any resulting damages when a slip and fall incident happens because of negligence.

To be successful in a slip and fall claim, you must prove that the property owner or occupier knew or should have known about the dangerous condition and failed to address it. This involves demonstrating that the condition posed an unreasonable risk and that the property owner’s negligence led to the accident.

Who Is Liable for a Slip and Fall Accident in Toms River?

Liability in a slip and fall accident generally rests with the property owner or occupier of the premises where the accident occurred. In New Jersey, property owners are legally obligated to maintain safe conditions for those who are lawfully present on their property. If they fail to fulfill this duty, they may be liable for any injuries resulting from a slip and fall incident. Determining liability requires”

• Evaluating whether the property owner was aware of the hazardous condition.
• Whether they took reasonable steps to remedy it.
• Whether the injured person was behaving cautiously.

However, the concept of comparative negligence applies in New Jersey. This means that if you are found partially responsible for your injuries, your compensation may be reduced by the percentage of fault. For example, if a person was texting and not paying attention while walking and suffered a slip and fall, the court may assign partial responsibility to them.

How Is Negligence Proven in a Slip and Fall Case?

To establish negligence in a slip and fall case, you must show that the property owner’s actions or lack thereof created an unsafe environment. This requires gathering evidence, like photos of the hazardous condition, security camera footage, and witness testimonies. In some cases, a safety expert may analyze the site to confirm that it poses an unreasonable risk to visitors.

Negligence in slip and fall cases is typically proven through the following elements:

• The property owner had a duty to maintain a safe environment.
• The owner breached that duty by allowing a dangerous condition to persist.
• The breach of duty caused the slip and fall accident.
• The injured party suffered damages directly resulting from the accident.

Our Toms River slip and fall lawyers help clients build solid cases of negligence. To start the process, we suggest getting a legal consultation as soon as possible after your accident.

What Types of Damages Are Recoverable in a Slip and Fall Claim?

When an individual is injured in a slip and fall accident, they may face medical bills, lost income, and other financial burdens. Damages recoverable in a slip and fall claim can include both economic and non-economic damages:

• Economic damages cover tangible losses such as medical expenses, rehabilitation costs, and lost wages.
• Non-economic damages are intended to compensate for intangible losses such as pain, suffering, and emotional distress.

In New Jersey, there are no caps on the amount of damages an individual may recover in a slip and fall case. However, each case is unique, and the value of a claim depends on factors like the severity of the injuries, the impact on the individual’s quality of life, and any future medical needs resulting from the accident. Our Toms River slip and fall lawyers can determine a fair compensation amount for your damages.

What Should I Do Immediately After a Slip and Fall Accident in Toms River?

Taking the right steps immediately following a slip and fall accident can significantly affect a claim’s outcome. It is best to seek medical attention, even if the injuries appear minor; some injuries may not be immediately apparent but can worsen over time.

Documenting injuries through medical records is essential for establishing a connection between the accident and any resulting harm. Be sure to follow your physician’s instructions for treatment; if you miss appointments, for example, the other side might assert that your injuries were not serious.

Additionally, reporting the accident to the property owner or manager is important. Filing an incident report creates an official record of the event, which can be valuable in a legal claim. If possible, the injured party should also gather evidence at the scene by taking photographs of the hazardous condition, obtaining contact information from witnesses, and preserving any physical evidence, such as clothing or footwear, showing signs of a fall.

Contact the Skilled Toms River Slip and Fall Lawyers at Kitrick, McWeeney & Wells, LLC Today

If you or a loved one has been injured in a slip and fall accident, our Toms River slip and fall lawyers at Kitrick, McWeeney & Wells, LLC are experienced with personal injury cases and are dedicated to providing compassionate, skilled guidance throughout the process. Call our Manasquan or Brick, New Jersey office at 732-920-8383 or complete our online form to schedule a free consultation. We proudly serve clients throughout Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.