A slip and fall accident can instantly disrupt your life, leading to pain, medical bills, missed work, and questions about what you should do next. Many tenants do not realize that apartment building owners and managers in New Jersey have a legal duty to keep common areas safe. If you slipped and sustained an injury because of a dangerous condition in your apartment building’s lobby, you may be entitled to compensation through a personal injury claim or lawsuit. For more information, read on and consult with a knowledgeable Monmouth County apartment accident lawyer today.
Can I File a Claim if I Slipped in My Apartment Lobby in NJ?
You may file a claim after slipping in your apartment building’s lobby, given that your fall was caused by an unsafe condition. If you were walking while distracted and tripped over a fixed piece of furniture, you likely would not have a case. However, New Jersey law imposes a responsibility on property owners and managers to keep premises reasonably safe. This rule, known as premises liability law, means that if your fall occurred due to the negligence of your landlord or the property owner, they could be held responsible for your damages.
Landlords and property owners must conduct regular inspections as well as maintenance and repairs, keep common areas clean and well-lit, and respond to reported hazards, among other things. If your landlord knew about the hazard or it existed long enough that they should have been aware of it, but failed to take action, you can file a claim.
While landlords and property owners are generally responsible for these accidents, if the hazard was caused or neglected by a maintenance company, cleaner, employee, or some other individual or entity, they can be held responsible as well.
What Do I Need to Prove to Hold My Landlord Responsible?
Regardless of who caused your accident, you must be able to prove that they were negligent in their actions. This requires evidence that:
- The defendant owed you a duty of care
- The defendant breached that duty by failing to fix or warn you about the hazard
- The breach of duty caused your fall
- You suffered actual damages as a result
New Jersey slip and fall cases often hinge on proving “notice.” Actual notice means that your landlord was informed about the hazard, likely from other tenant complaints or reports from maintenance records. Constructive notice means that the hazard existed for long enough that the landlord should have been made aware of it by inspecting the property.
Important evidence that can help your case may include surveillance footage, maintenance and cleaning logs, photos of the hazard, incident reports, witness statements, and medical records. Understanding how to use this information to recover compensation is crucial in protecting your rights. Reach out to a skilled attorney today for more information.
