Slip and fall accidents are unfortunately common occurrences that can happen anywhere. They pose a particular risk in shared spaces like apartment building lobbies. Even a seemingly minor slip can result in serious injuries, including broken bones, head trauma, and soft tissue damage. In New Jersey, apartment building owners and property managers have a duty to maintain safe premises. If you or a loved one has suffered an injury after slipping in your NJ apartment lobby, understanding your legal rights and the process for filing a claim is the crucial first step toward recovering the compensation you deserve. Reach out to a skilled Middlesex County apartment accident attorney to discuss your case today.
Can I File a Claim After Slipping in the Lobby of My NJ Apartment Building?
Yes, you can file a claim after slipping in the lobby of your apartment building, given that another individual or entity was responsible for the hazard that caused your fall. In New Jersey, landlords have a legal responsibility to maintain reasonably safe premises for their tenants. This includes keeping the lobby free from hazards.
Other parties could be liable besides the landlord, like a maintenance company, cleaning service, property manager, etc. As long as you can establish that the defendant owed you a duty of care to keep the lobby safe and breached that duty, you can file a claim for your resulting injuries and damages.
How Can I Prove My Landlord Was Negligent?
Whether you believe your landlord, the management company, a cleaner, or other party is responsible for your accident, proving negligence is crucial in winning your case and recovering compensation. You need clear and compelling evidence to establish the four elements of negligence: that the defendant owed you a duty of care, that they breached the duty of care through their action or inaction, that the breach of duty caused your accident and injuries, and that you sustained measurable damages as a result.
Examples of evidence that can help prove the at-fault party’s negligence include:
- Surveillance footage
- Maintenance logs
- Past tenant complaints
- Photos of the hazardous condition
- Medical records
Notice is one of the most important considerations during a slip and fall. Notice means that the defendant knew or should have known about the hazard. Actual notice means they were informed, and constructive notice means the hazard existed long enough that they should have discovered it.
If you can prove that the defendant knew or should have known about the hazard and was responsible for fixing the issue but failed to do so, you can establish negligence.
How Long Do I Have to File a Slip and Fall Claim?
In New Jersey, the statute of limitations for a slip and fall claim is two years from the date of the injury, meaning you have two years to initiate legal action against the defendant for your damages. If that time passes and you do not file a claim or lawsuit, you may lose your right to compensation.
It’s important to note that if the claim is against a government entity, you must file a Notice of Claim, generally within 90 days. Personal injury law can be complex, so contact a skilled attorney to help you navigate the process.
