Evidence in Slip and Fall Cases

Slip and fall accidents happen frequently in Bergen County, and while some people walk away from such incidents unharmed, others suffer critical injuries. Neglect and carelessness cause many falls, and people injured in accidents caused by the negligence of others may be able to recover damages. Property owners typically avoid admitting liability, however, and proving fault can be challenging. If you were hurt in a fall on someone else’s property, you should contact a lawyer to determine your rights. Attorney Howard Leopold of Leopold Law, L.L.C. is a skilled Bergen County premises liability lawyer who understands how to use evidence in slip and fall cases to his clients’ advantage, and if he represents you, he will craft persuasive arguments on your behalf. Mr. Leopold represents injured parties in claims arising out of slip and fall accidents in Bergen County and other cities throughout New Jersey and New York.

Slip and fall accidents often happen because of debris or liquid on the ground. For example, spilled beverages on the floor of a restaurant or shopping mall frequently cause people to slip and lose their footing. Similarly, wet floors in places that were recently mopped, like a bar or bathroom, can also create slippery conditions. People also frequently fall on produce or food that has fallen on the floor of a grocery store or fast food establishment. Additionally, inclement weather can cause slippery floors, sidewalks, and parking lots, leading to falls.

Regardless of the exact cause of a slip and fall accident, the injured party must establish liability to recover damages for injuries caused by the fall. Generally, a plaintiff in a premises liability lawsuit will argue that the defendant acted negligently. The evidence needed to establish negligence depends on numerous factors. First, under New Jersey Law, a plaintiff asserting a negligence claim must prove the defendant owed them a duty. The duty owed will depend on multiple factors, including the relationship between the plaintiff and the defendant and the reason the plaintiff entered the defendant’s property. For example, property owners owe the greatest duty of care to invitees, who are people permitted to enter the property, followed by licensees, those that are allowed to be on the premises. They owe a lesser degree of care to trespassers. As such, evidence that shows that a plaintiff lawfully entered the defendant’s property can be useful in demonstrating the defendant had to uphold a higher standard of care.

Next, the plaintiff must show that the defendant breached the duty in some way. In other words, if the plaintiff was an invitee, such as a patron of a restaurant, the defendant would owe them a duty to exercise reasonable care to maintain its property in a safe condition. Evidence showing that the defendant knew or should have known of the dangerous condition that caused the plaintiff’s fall but neglected to remedy it can be used to establish a breach. Finally, the plaintiff has to prove they suffered measurable damages due to the breach. Evidence such as medical records and bills and testimony from medical experts can be used to establish injuries and the subsequent losses caused by such harm. Evidence from other experts, such as safety experts, engineers, and economists, can be used to show liability and damages as well.

The strength of each party’s evidence in slip and fall cases often determines the outcome, and it is crucial for anyone injured in a fall to speak to an attorney about their options as soon as possible. Attorney Howard Leopold of Leopold Law, L.L.C. is well-versed in what it takes to establish fault in premises liability matters, and if you sustained harm in a fall, he will gather any evidence that will support you in your pursuit of damages. Mr. Leopold has offices in Hackensack and New York City, and he regularly represents injured people in premises liability lawsuits in Bergen County and cities throughout Hudson, Passaic, and Essex Counties in New Jersey and Bronx, Richmond, Kings, New York, Queens, and Rockland Counties in New York. You can contact him through the online form or at his New Jersey office at (201) 345-5907 or his New York office at (646) 650-2106 to set up a confidential and free meeting.