When premises contain hazardous conditions, such as defective stairs, torn carpet, or slippery floors, serious slip-and-fall injuries can occur, leaving you with significant medical bills, time away from work, and other hardships. The personal injury team at The Mark Law Firm understands the financial hardships injured clients are confronted with after suffering a serious injury. If you’ve been injured in a slip and fall accident or otherwise as a result of dangerous property conditions, our Union County personal injury lawyers are here to help you fight for the compensation you deserve. Contact us today for a free initial consultation.

Premises Liability — You May Be Entitled to Compensation

Property owners have a responsibility to keep their property safe for those who have a right to be there. Generally, this means that commercial and business property owners have a duty to keep their property safe for their customers or other patrons, and residential property owners have a duty to keep their property safe for individuals who are not trespassing. Failure to do so is negligence and may be grounds for financial liability known as premises liability.

Premises Liability Cases We Handle

Here at The Mark Law Firm, we handle all types of premises liability cases on behalf of our clients, including those involving the following:

Common Injuries Sustained in Slip & Fall Accidents

Slip and fall accidents can result in a wide range of injuries. While some people walk away with minor bruises, others suffer severe trauma that requires surgery, extensive medical treatment, or long periods of rehabilitation. The severity of an injury often depends on several factors, including the surface involved, the height of the fall, the victim’s age, and the way the body impacts the ground. Some of the most common injuries associated with slip and fall accidents are as follows:

Broken Bones: Fractures are among the most frequently reported injuries after a fall. Victims often attempt to break their fall with their hands or arms, which can result in wrist fractures, forearm fractures, or elbow injuries. Hip fractures are also common, particularly among older adults, and they often require surgery followed by months of recovery.
Traumatic Brain Injuries (TBI): When a person strikes their head during a fall, the result can be a concussion or more serious traumatic brain injury. TBIs may lead to persistent headaches, dizziness, cognitive impairment, memory problems, or changes in mood and behavior.
Spinal Cord Injuries: Falls are a leading cause of spinal trauma in the United States. Damage to the spinal cord can result in chronic pain, nerve damage, partial paralysis, or even permanent loss of mobility in severe cases.
Back and Neck Injuries: Herniated discs, muscle tears, and ligament damage frequently occur when the body twists awkwardly during a fall. These injuries can produce ongoing pain that interferes with daily activities and employment.
Soft Tissue Injuries: Damage to muscles, tendons, and ligaments can occur even in falls that appear relatively minor at first. Sprains, strains, and deep bruising may worsen over time and require medical treatment.
Shoulder Injuries: A person who lands on their side or attempts to catch themselves with their arm may suffer a dislocated shoulder or torn rotator cuff.
Cuts and Lacerations: Falls on sharp edges, broken glass, or rough surfaces may cause deep cuts that require stitches and leave lasting scars.

If you’ve sustained any of these injuries in a slip and fall, our Union County injury lawyers are here to help.

Steps to Take After a Slip & Fall Accident

If you are injured in a slip and fall accident in Union County, the steps you take immediately afterward can have a significant impact on both your health and any potential legal claim. Acting quickly and documenting the circumstances surrounding the fall can help preserve important evidence. Do your best to take the following steps if you are involved in a slip and fall accident:

Seek medical attention right away: Your health should always be the first priority. Even if injuries seem minor, it is important to be evaluated by a medical professional. Some injuries, including head trauma and internal bleeding, may not be immediately apparent.
Report the incident to the property owner or manager: If the fall occurs in a store, apartment complex, restaurant, or other business, notify the property manager or supervisor. Ask that an incident report be created.
Document the scene if possible: Photographs can be extremely valuable in slip and fall cases. If you are able, take pictures of the hazardous condition that caused the fall, such as a wet floor, broken step, loose carpet, or icy walkway.
Collect witness information: If anyone saw the fall occur, try to obtain their names and contact information. Witness statements can help clarify what happened.
Preserve physical evidence: Keep the clothing and shoes you were wearing at the time of the accident. These items may become relevant evidence later.
Avoid giving recorded statements to insurance companies: Insurance adjusters may contact you shortly after the accident. It is generally wise to speak with an attorney before providing detailed statements.
Contact our slip and fall lawyers: A lawyer who handles slip and fall cases can review the circumstances surrounding the accident and help determine whether the property owner may be legally responsible.

What Constitutes a Valid Premises Liability Claim?

Not every slip and fall accident automatically results in a valid legal claim. Under New Jersey premises liability law, several elements must generally be established in order to hold a property owner responsible for injuries that occur on their property.

To succeed in a premises liability claim, the injured party typically must demonstrate the following:

1. The Property Owner Owed a Duty of Care

Property owners have a legal obligation to maintain their premises in reasonably safe condition. This duty applies most strongly to individuals who are lawfully on the property, such as customers in a store or guests in a commercial building.

In New Jersey, business owners must take reasonable steps to inspect their property and correct hazardous conditions that could foreseeably cause injury.

2. A Dangerous Condition Existed

A slip and fall claim often centers around the presence of a hazardous condition. Examples may include:

Wet or slippery floors
Uneven sidewalks or pavement
Broken staircases or missing handrails
Loose carpeting or flooring
Poor lighting in walkways
Snow or ice that was not properly cleared

The dangerous condition must be one that created an unreasonable risk of harm.

3. The Property Owner Knew or Should Have Known About the Hazard

One of the most important aspects of a premises liability case is proving that the property owner had notice of the dangerous condition.

This can occur in two ways:

Actual notice, meaning the owner was aware of the hazard
Constructive notice, meaning the hazard existed long enough that the owner reasonably should have discovered and corrected it

For example, a spill that remains on a grocery store floor for an extended period of time without being cleaned up may establish constructive notice.

4. The Hazard Caused the Injury

Finally, the injured party must show that the hazardous condition directly caused the fall and resulting injuries. Medical records, witness statements, and photographs can all play a role in establishing this connection.

New Jersey also follows a rule known as comparative negligence. This means that if an injured person is found partially responsible for the accident, their compensation may be reduced by their percentage of fault. However, as long as the injured person is not more than 50 percent responsible for the accident, they may still recover damages.

How Long Will I Have to File a Premises Liability Claim in New Jersey?

Every state places time limits on how long injured individuals have to file a lawsuit after an accident. In New Jersey, the statute of limitations for most personal injury claims, including slip and fall accidents, is two years from the date of the injury.

This rule is established under New Jersey Statutes Annotated § 2A:14-2, which governs the filing deadline for personal injury lawsuits.

If a lawsuit is not filed within this two-year period, the injured person may lose the right to pursue compensation entirely. Because of this strict deadline, it is often important to begin investigating a claim as soon as possible after an accident.

Certain circumstances can alter this timeline. For example:

Claims involving public entities, such as government-owned buildings or sidewalks, may require a notice of claim within 90 days under the New Jersey Tort Claims Act.
Claims involving minors may allow additional time because the statute of limitations may be tolled until the child reaches adulthood.

Contact Our Slip and Fall Lawyers in Union County, New Jersey

The Mark Law Firm offers experienced and compassionate legal counsel to individuals who have been injured in serious accidents. The firm’s personal injury team is dedicated to providing clients with the thorough and aggressive representation they need, while also providing them with the personalized legal counsel they deserve throughout the duration of their accident claim.

The Mark Law Firm concentrates its personal injury practice on serious injury cases, such as those involving head injuries, spinal cord injuries, broken hips, back injuries, and other serious injuries. The firm is also skilled in handling injuries that frequently occur when someone attempts to break a fall, such as wrist fractures, broken arms, and other complex fractures. Contact our dedicated Union County slip and fall accident lawyers to schedule a free initial consultation today.

Union County Slip and Fall Lawyers