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Proving a slip-and-fall claim in New Jersey

On Behalf of | Jun 10, 2022 | Personal Injury

If you have slipped and fallen on property or land owned by someone else, you may be able to recover compensation for the injuries and damages you suffered in the accident. Under New Jersey’s statute of limitations for slip-and-fall accidents, you have up to 2 years after the date of the accident to file your personal injury claim.

How can I prove my slip-and-fall claim?

Generally, most slip-and-fall claims are based on the theory of negligence. Proving your claim will require you to show:

  • You were legally on the property.
  • There was a hazard on the property.
  • The owner of the property knew or should have known of the hazard.
  • The owner failed to fix the hazard or warn of the hazard.
  • You suffered injuries as a result of the hazard.

The evidence required to prove the above elements will vary depending on the circumstances of your case. Many slip-and-fall victims have won their cases with the following evidence:

  • Photos of the scene of the accident.
  • Video/surveillance footage of the accident occurring.
  • Accident report filed by the store manager.
  • Witness testimony from those who saw the accident occur and/or those who are frequently on the property.
  • Property/company records to show if and when the property was inspected and when maintenance occurred.

It can be difficult to obtain all of the evidence needed to prove your claim without the help of an experienced personal injury attorney. Your attorney can request the evidence needed during the discovery process and send spoilation letters to the store owner or other defendant to prevent them from destroying important evidence.

Remember, you will only be able to recover damages if you prove your case with a preponderance of the evidence, so it is important to present as much as you can to the court.