New Jersey Fall
Down Accident Attorney

What to do if you had a fall down accident on someone else’s property

1. Report the fall. If you fell at a store, have someone find the manager to create an incident report of the accident. If you fell outside of a store, see if a bystander will go inside and get an employee for you. Make a note of any employee names that you speak with.
2. Take photos of the area. If you do not have a camera with you, take a very good mental picture of what you fell on and how thick or big the area was. Do you notice rock salt on the ground? Are there snow piles?
3. Get witness information. If there are any witnesses to your fall, write down their name, address and telephone number. These witnesses will be very important to your case later on.
4. Write down the property address. Make sure you take down the exact address where you fell. Take a photograph of the front of the store if it will help you remember. This way we can locate the owner.
5. Write down the exact date of the fall and the weather. Your attorney will get a weather report for the day of your fall and the days prior. However, if you didn’t go to the emergency room to document the fall, it can be hard to remember which day the fall happened. Write it down so there is no confusion.
6. Go to the ER or doctor. If you are in immediate pain, go to the emergency room. If the pain right now is not that bad where you do not feel you need an emergency room doctor, call your family doctor and make an appointment to be evaluated and have your injuries documented. Your doctor will direct you further for treatment.
7. If injured, meet with an lawyer. You will want to schedule an appointment with a personal injury attorney. Most, like our firm, offer free consultations for you to meet the attorney and determine if it is a good fit for you. Hiring an attorney is like finding a mate. Except this mate will only last for a few months-years depending on the length of the claim. Therefore, you want to trust the attorney that you hire and make sure that the attorney will be responsive to your concerns.
8. Apply for temporary disability if you can’t work. Most people don’t realize that NJ have a State Temporary Disability Benefit program that can help you while you are out of work. However, you need to apply within 30 days of the disability starting. If your doctor has told you not to work, you need to obtain the application and make sure everything is submitted promptly.
9. Take photographs of your injuries. If you have a broken arm, laying in a hospital bed, stitches, bruises, black and blue marks, etc., document it now before it heals.
10. Keep your shoes you were wearing. Put the shoes you were wearing in a bag to keep them safe. When you meet with your attorney, bring them in for that appointment so the attorney can photograph them.

What to bring to your appointment with your attorney

• photographs of area where you fell
• photographs of your injuries
• hospital discharge papers
• address where you fell
• date and time of fall
• health insurance card
• shoes you were wearing at time of fall
• witness names and addresses​

Elements that must be proven in fall down cases:

To establish a case of negligence when you fall on someone else’s property, you must prove:

• the owner had a duty to keep the area free from the hazardous material that caused you to fall
• the owner breached that duty and did not keep the area clear
• what actually caused you to fall and if the owner had notice of the dangerous condition
• you sustained injuries because of the fall

Proving the business owner knew about the dangerous condition:
A business owner has a duty of reasonable care owed to its “invitees” to provide a safe environment. The duty of care requires a business owner to discover and eliminate dangerous conditions on the property and keep it safe. Just because you fell does not mean that the business owner did something wrong. In every fall down case, the plaintiff must prove that either (a) the store knew there was something dangerous on the floor and did nothing about it (called actual notice), or (b) did not know but should have known (called constructive notice). Slip and fall cases can be difficult, however, we have been very successful in assisting our clients with a recovery for their pain and suffering.

Commercial Property versus residential property:

1. Residential Owners: Our New Jersey Supreme Court has stated that residential homeowners will not be liable unless they create or exacerbate a dangerous sidewalk condition or negligently built or repaired the sidewalk in a manner that makes the sidewalk dangerous.
2. Commercial Owners: A Commercial landowner has a duty to keep the abutting sidewalk in a reasonably safe condition and IS LIABLE for injuries that are caused by their negligent failure to maintain the sidewalk.