You never expect to slip and fall and injure yourself while visiting a local restaurant. If you slipped and fell at a restaurant and suffered severe injuries, you may be able to sue them for compensation. The compensation you collect can help you cover your damages, including medical bills.
Who’s Responsible in a Slip and Fall Accident?
A few different parties can be responsible when a slip and fall accident occurs, including the restaurant. A restaurant typically owes its visitors a legal duty of care, which means the restaurant is free of any safety risks. However, liability can vary, depending on your reason for visiting the property, including:
- You were invited: A typical restaurant guest is an invitee. This means that the restaurant invited you onto the property lawfully.
- You have a license to visit: A licensee is someone who visits a property for their own benefit. This may mean that a person went on the property to visit a friend, but didn’t actually plan on buying anything from the restaurant.
- You were trespassing: A trespasser is someone who enters onto a property without permission. This is less common in a restaurant setting, but may include someone breaking into the restaurant after hours.
If you were legally eligible to enter the property, it’s possible that you could sue the restaurant. If you were illegally trespassing, it may be harder to do so.
The Importance of Negligence
Negligence is an important factor in a slip and fall case. This refers to something that the property owner did or something they failed to do to keep you safe. This may include failing to salt the walkways after a big snowfall or not putting out a sign alerting customers of slippery floors after mopping.
Other Important Parts of a Slip and Fall Case
When proving a case of negligence in court, the judge will look at a few things including if the property owner owed you a legal duty of care and if they were negligent in that care. The judge will also consider your damages. To sue the restaurant, there must be actual, provable damages that can be compensated.
Types of Damages in a Slip and Fall Case
Some slip and fall cases may be minor, leading to a sore back or arm for a few days. Others, however, may be more severe and require expensive medical care. These are the cases that are reserved for a personal injury lawsuit. If you were injured significantly in a slip and fall accident at the fault of the property owner or tenant, you may be able to recover damages like medical bills, lost wages, or pain and suffering.
Comparative Negligence in a Slip and Fall Case
The defendant may argue that you were partially to blame. New Jersey does recognize comparative negligence in slip and fall cases, which means that you can still seek compensation if you are partially to blame. However, the amount that you receive may be reduced by the percentage in which you’ve found to be at fault.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Slip and Fall Case in New Jersey
Did you or a loved one sustain serious injuries due to a slip and fall in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Law Offices of Richard A. Stoloff represent clients injured because of a slip and fall in Atlantic City, Galloway Township, Hamilton, Pleasantville, and throughout New Jersey. Call (609) 601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221, as well as an office in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.