As a New Jersey resident who has slipped, fallen, and harmed yourself on someone else’s property, you likely understand that it can be difficult to prove that you weren’t at fault for the incident. What exactly is needed in order to show a property owner has caused your injury?
FindLaw takes a look at what you need to prove fault after a slip-and-fall accident. In many situations, the outcome hinges on the assumption that either (or both) you or the property owner were acting in a way that a “reasonable person” would. As an example, a “reasonable person” would assume that a rake may be on the ground near a pile of freshly raked leaves, and would avoid stepping through that area. A “reasonable person” would see that there is a bad ceiling leak and take steps to clean up the water and fix the leak.
In order to win your case, you need to prove that the property owner was not acting reasonably. This can generally come in one of three forms.
1. They didn’t know there was a danger present on their property but reasonably should have, such as ice in the parking lot in winter.
2. They could have created the danger themselves, such as spilling liquid in a store.
3. They could be aware of the danger but not take any actions to circumvent it, like not putting caution signs around a spill.
If you believe that you have a case, you can consider talking to a legal professional for more information. They can help guide you during this time.