What Factors Can Weaken My Slip and Fall Case?

Slip and fall accidents can lead to devastating injuries, from broken bones to traumatic brain injuries. Pursuing legal action might seem straightforward when these incidents happen due to someone else’s negligence. However, several factors can weaken your slip-and-fall case, particularly in New Jersey. Understanding these factors is crucial to building a strong case.

5 Factors That Can Weaken a Slip and Fall Case in New Jersey

1. You Were Trespassing

Property owners have a legal duty to maintain a safe environment for guests and, to some extent, licensees. However, your case becomes significantly more challenging to prove if you were trespassing. 

New Jersey law generally does not hold property owners liable for injuries sustained by trespassers, except in rare cases, such as when children are involved, and the injury occurred due to an “attractive nuisance,” like an unsecured swimming pool.

2. You Failed to Seek Medical Attention

Prompt medical attention is critical for both your health and your case. Delaying medical care allows the opposing side to argue that your injuries were not serious or occurred elsewhere. Gaps in medical records give insurance companies a reason to dispute claims.

Remember to see a doctor immediately after the accident and keep detailed records of your visits, diagnoses, and treatment plans.

3. You Gave the Insurance Company Damaging Information

Speaking to an insurance company without legal representation can be a costly mistake. Insurance adjusters are trained to minimize payouts and anything you say can be used against you. For instance, apologizing or admitting partial fault can severely weaken your claim.

This is why it is advised to direct all communication with insurance companies to your attorney.

4. You Knowingly Put Yourself at Risk

If you were aware of a hazardous condition but chose to proceed anyway, the defense may argue that you assumed the risk. For example, walking on an icy sidewalk that you could have avoided might be used to diminish liability.

New Jersey’s comparative negligence allows your compensation to be reduced by your percentage of fault. If you’re found more than 50% at fault, you may lose the right to recover damages.

5. You Waited Too Long to Seek Legal Representation

New Jersey’s statute of limitations for personal injury cases is two years from the date of the accident. Waiting too long can result in lost evidence, uncooperative witnesses, and the inability to file your claim. Courts rarely make exceptions to this deadline.

How to Prove Slip and Fall Accidents in NJ

Building a strong case requires solid evidence. Here are the steps you should take:

• Document the Scene: Take photos or videos of the hazard that caused your fall. Include timestamps if possible.
  
• Identify Witnesses: Collect the names and contact information of anyone who saw the accident.
  
• Request Incident Reports: If the accident occurred on commercial property, ask the property manager for a copy of the incident report.
  
• Preserve Evidence: Keep your shoes and clothing, as they might be relevant to the case.
  
• Consult Experts: Expert testimony, such as an engineer’s analysis of a defective walkway, can strengthen your claim.

Common Defenses Used by Property Owners

Understanding potential defenses property owners may use can help you prepare a stronger case:

• Lack of Notice: Property owners might claim they were unaware of the hazardous condition. In New Jersey, you must prove that the owner knew or should have known about the danger and failed to address it within a reasonable time.
  
• Open and Obvious Hazard: If the hazard was clearly visible, the property owner might argue that a reasonable person would have avoided it.
  
• Contributory Negligence: The defense might allege that your actions contributed to the accident, such as running in an area clearly marked as wet.

The Importance of Witness Testimony

Witness testimony can be pivotal in slip-and-fall cases. Witnesses can:

• Confirm the presence of a hazardous condition
• Describe how the accident occurred
• Corroborate your account of the property owner’s negligence

If witnesses are unavailable, video surveillance footage can be an alternative to substantiate your claim.

The Role of Insurance Companies in Slip and Fall Cases

Insurance companies play a significant role in resolving slip and fall claims. However, they often aim to minimize payouts by:

• Disputing the severity of your injuries
• Questioning the timeline of events
• Claiming pre-existing conditions contributed to your injuries

Work closely with your attorney to effectively provide detailed evidence and counter these tactics.

Consult with a Lawyer

Navigating the complexities of New Jersey’s slip-and-fall laws requires an experienced attorney. A skilled personal injury lawyer can:

• Evaluate your case to determine liability
• Gather evidence and interview witnesses
• Handle communication with insurance companies
• Represent your interests in court, if necessary

At Rosengard Law Group, we understand personal injury victims’ challenges and are here to guide you every step of the way. Don’t let these factors weaken your case. Contact slip and fall injury lawyers in NJ or call (856) 284-6446 to schedule a free consultation.