03/11/2021 3 Things Your Slip & Fall Case Needs to Succeed

It’s winter, and in New Jersey that means cold, snow, and—everyone’s favorite—ice. We’ve all probably slipped on an icy sidewalk once or twice, but even a small spill can have big consequences, in which case it’s important to be legally prepared. If you experience a slip and fall that results in a serious injury, don’t hesitate to get in touch with a slip and fall lawyer serving Passaic County at Bavagnoli & Bavagnoli. In case you have questions about whether or not you have a case, I’ll describe three of the main parts of a successful slip and fall case.

1. Evidence of Hazardous Conditions

One of the first things your attorney will need for a slip and fall case is evidence of the hazardous conditions that caused your slip, and thus your injuries. According to New Jersey laws, it’s the responsibility of the owner to keep their property safe and clearly mark any hazards. 

For example, it’s up to a business or homeowner to shovel and salt the sidewalks by their building; it’s a store’s responsibility to clean up or notify customers of slick floors. Those yellow “Caution, Wet Floor” signs are more than a courtesy; they are legally important, and can make the difference between a property owner being considered negligent or not. Other hazards include everything from poorly lit stairwells and obstructions in walkways to uneven carpet. The point here is a wide range of issues qualify as hazards, and any number of them could result in injury.

2. Evidence of Negligence

To build a successful slip and fall case, you’ll not only need to show that there was a hazard on the property, but that the property owner’s negligence caused your slip or fall. If they knew about the conditions and failed to act in a timely manner, this qualifies as negligence.

There are numerous types of evidence that can be used to prove negligence. This includes photos, security camera footage, and eyewitness accounts. Every case is different, so you may want to consult with a slip and fall attorney in Passaic County to understand what evidence will work best to build your case.

3. Medical Evidence

As I mentioned at the beginning of the piece, most of us have slipped on ice or run into a door frame and the only thing wounded was our dignity. On the other hand, these falls can cause serious injuries. Common slip and fall injuries include hip fractures, spinal cord injuries, and traumatic brain injuries. 

No matter the injury, make sure that you keep any and all medical documentation. This can include hospital forms or records of treatment or follow up visits to your doctor. This is essential to your case! You'll need to prove not only the property owner was liable, but also you were harmed in the accident. You may even, in addition to documentation of any treatment, need a doctor’s testimony for your case. Remember it’s not just about covering medical bills, but how those injuries have affected your life. You deserve to be compensated.

Finally, remember that slip-and-falls don’t just happen during a polar vortex. Hazardous conditions happen year-round, so if you do fall, you'll want a NJ slip and fall attorney in your corner. 

Reach out to us at Bavagnoli & Bavagnoli for a free consultation at (973) 785-9522.