Where Can Slips, Trips, And Falls Happen In New Jersey And Pennsylvania?
Slips, trips, and falls can happen in many different places in New Jersey and Pennsylvania. Where do most of these injuries happen, and who is responsible? Consider some of the following information from our Pennsylvania and New Jersey slip, trip, and fall lawyer.
Retail Stores and Other Businesses
Slips, trips, and falls often happen in retail stores and at other businesses. Under both New Jersey and Pennsylvania law, people who are on another party’s premises for business purposes (even if they are merely window shopping) are known as “invitees.” An invitee is owed the highest duty of care by a property owner, and a property owner can be liable for slip, trip, and fall injuries if they know or should have known about a slip and fall risk and fail to take steps to prevent an injury.
Restaurants
Restaurants are a common place for slips and falls in particular since there are often liquid spills on the premises. Restaurant patrons are also “invitees” and are owed the highest duty of care.
Public Parks
Public parks and other public land can be common places for trips and falls. Most people on public property are also “invitees” and thus are owed a high duty of care. Local or state governments may be liable in Pennsylvania or New Jersey when slips, trips, or falls occur on public property.
Private Residences
Slips, trips, and falls can also happen in private residences — such as the homes of family members or friends. In both Pennsylvania and New Jersey, property owners owe a lesser duty of care to people who are on the property for social reasons. When you are on someone’s property for social reasons, you are known as a “licensee.” While the property owner still owes you a duty of care, the duty is not as great as the duty that property owners owe to “invitees,” as we discussed above. In general, you may be able to file a claim against a private property owner if the owner:
- Knew or had a reason to know about the hazardous condition on the property;
- Should have realized that the hazard would pose an unreasonable risk to licensees;
- Failed to correct the problem or warn about it; and
- Property owner should have known that the licensee did not know about the hazard or did not have a reason to know about it.
Contact a New Jersey and Pennsylvania Slip, Trip, and Fall Lawyer Today
If you slipped, tripped, or fell on someone else’s property, it is important to know that the property owner could be liable. Slips and falls, as well as trips and falls, often results from the property owner’s negligence. Depending upon your relationship to the property owner and your reason for being on the property, you may be able to file a claim with assistance from a Pennsylvania and New Jersey slip and fall lawyer. Joseph Monaco is a New Jersey and Pennsylvania personal injury lawyer serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County and all of South Jersey.
Sources:
njcourts.gov/courts/civl/model-civil-jury-charges
casetext.com/case/cresswell-v-end