With summer in full swing, Trenton injury lawyers still see many slip and fall accidents. Although we may associate slip and fall incidents with snow and ice, these types of accidents can happen anyplace, anywhere. Particularly with people outside and vacationing, slip and fall accidents often happen in the middle of the best weather with no ice or snow in sight.
Accidents on Public Property
With many people out and about in our parks and public spaces, accidents can and do happen. When it comes to accidents sustained on public property, it’s important to note that you have only 10 days following the accident in which to notify the municipality of your injury. Failing to do so may void your rights to a claim for your injuries.
The other thing that differentiates public versus private liability when it comes to slip and fall accidents is that the municipality must be found grossly negligent as opposed to negligence by a private owner. This makes it more difficult to prove. Consequently, not all slip and fall accidents on public property are entitled to a claim. If you have fallen on public property, you owe it to yourself to seek the counsel of a Trenton personal injury lawyer.
Accidents on Private Property
A slip and fall accident on private property is governed by the Occupier’s Liability Act. Under this act, an occupier can be found liable for any injuries due to negligence. An occupier is anyone who is in physical possession of the property and has responsibility and control over that property and any activities that go on there.
An occupier has a duty to ensure that anyone who uses that property is safe and free from harm. Occupiers must take all reasonable steps to ensure that no dangerous situations or hazards exist on the property by inspecting the property, providing maintenance and repairs, posting warning signs, blocking access to the hazard, or removing the hazard. Any occupier that hasn’t ensured the safety of those using the property can be held liable for any injuries caused by those hazards.
As part of establishing liability, it must be proven that the occupier was aware of it, that they failed to take the appropriate actions to show a duty of care, and that the victim was acting reasonably and responsibly when the accident occurred. As in all personal injury claims, negligence must be proven in order for another to be found liable for the victim’s injuries. Consequently, it’s important to have the assistance of a Trenton injury lawyer to help you determine if you have a valid claim.
Call a Legal Professional
If you have been injured as a result of a slip and fall accident, whether on public or private property, call the injury professionals at AB Injury Law. We offer a no-cost consultation in order to discuss the details of your claim and advise you of your legal rights and how we may help.