Getting Compensation for Injuries in a Slip and Fall on Ice
Winters can be harsh in New Jersey, increasing the chances you can be injured in a slip and fall accident on ice. Property owners can be liable for injuries you suffer on their property under certain circumstances. A personal injury lawyer can evaluate your case to determine if you can get compensation.
Causes of slips and falls on ice
Snow and ice are hazardous to pedestrians. A frozen sidewalk or slush on steps can cause you to lose your balance. A surface may look safe, but black ice can cause your feet to slide out from under you when you least expect it. You must exercise reasonable care for your safety. If your fault contributes to your slip and fall, you may not be able to recover from the property owner, or your fault may reduce the amount of your recovery.
Common injuries in slips and falls on ice
What types of injuries can you suffer in a slip and fall on ice?
- Back injuries: You can fall on your back, damaging a nerve or causing a herniated disc. You can injure a back muscle trying to maintain your balance and keep from falling. You can suffer a serious spinal cord injury.
- Broken bones or fractures: You can suffer a broken hip, tailbone, leg, arm or wrist in a fall on ice.
- Head injuries: If you hit your head on the sidewalk or ground when you fall, you can suffer a traumatic brain injury, such as a concussion.
What to do after you fall on ice
You should take certain actions if you slip and fall on ice on someone’s property:
- Get medical attention if needed. Even if you think your injury is minor, have a doctor examine you or go to a hospital. You may not experience symptoms from some injuries, such as a head injury, right after the accident. If you feel pain a few days after the accident, get medical attention and let your health care provider know about your accident.
- Report the accident to the property owner.
- Take pictures. Getting photographs of the accident scene is important. Weather conditions can change quickly, and you need a picture of the scene as it was when you fell.
- Check for witnesses to your accident. If someone saw you fall, get their contact information.
- Contact a lawyer. A slip and fall lawyer can investigate the cause of your slip and fall on ice and help you get compensation for your injuries.
Property owner’s liability for a slip and fall on ice
A residential property owner has no duty to remove or warn about icy conditions on their property. The rule is different for commercial businesses, like stores, apartment complexes and malls. The owner of a commercial business can be liable for injuries to a visitor, customer or tenant who slips and falls on ice in certain circumstances.
A slip and fall lawyer will gather evidence to show two things. First, the owner knew or should have known about the icy condition. The owner knew the passageway to the business was icy, or a reasonable person would have known the area was icy. Secondly, the lawyer will show the owner took no action to remove the danger of the icy condition. For example, the owner failed to use rock salt to melt the ice, failed to get equipment to clear the snow or failed to post signs warning of the icy condition.
While it is key to show that the property owner was liable, your conduct can also impact your recovery. Under New Jersey law, you cannot recover if your fault contributed more than 50 percent to the cause of the slip and fall. If your fault was 50 percent or less, your fault reduces your recovery by the percentage of your fault. For example, you would be considered at fault for your slip and fall if you chose to walk on an icy path, rather than a clear one.
Compensation for your injuries in a slip and fall
Under New Jersey law you can get compensation for your medical expenses, your lost wages, and your pain and suffering.
Get legal help
You have two years to bring a suit to recover for injuries you suffer in a slip and fall on ice. The earlier you contact a slip and fall lawyer, the quicker the lawyer can start to investigate your accident, determine who was responsible, and get you reasonable compensation for your injuries.
Did you suffer an injury in a slip and fall on ice on business property? You may get compensation for your injuries. Talk to an experienced slip and fall lawyer at Petrillo and Goldberg at 856.249.9295 or visit https://www.petrilloandgoldberg.com.