Unfortunately, anyone can become a victim of a slip and fall accident due to negligence. In New Jersey, property owners must ensure a safe environment for their guests. They can be liable if they fail to remove or display adequate warnings about a known hazard. However, if there is an apparent danger, the amount you can recover for your damages may be reduced due to the “open and obvious” defense. If you’ve been injured in a slip and fall accident, please don’t hesitate to contact our determined Essex County Slip and Fall Accident Attorneys, who can help you understand your legal options. Please continue reading to learn about the “open and obvious” rule in premises liability cases.
Who’s liable for a slip and fall accident in New Jersey?
As mentioned above, property owners are responsible for maintaining reasonably safe premises for their guests. In a slip and fall case, it’s crucial to establish that the responsible party had a duty of care toward you, and they failed to uphold their legal obligation, ultimately resulting in your injuries. To prove this element, you must demonstrate that the property owner knew or should have reasonably known about the hazardous property condition and failed to take the necessary steps to remedy the issue. Although property owners are liable for leaving dangerous property conditions unattended, there are certain exceptions to their liability.
What does “open and obvious” mean in a premises liability case?
For instance, they may employ the “open and obvious” defense in a premises liability case, arguing that they should not be accountable for your injuries as you should have been aware of the hazard and could have reasonably avoided it. Essentially, the open and obvious rule argues that any average and reasonable person coming onto the property would have noticed the condition and its dangerous nature. This defense can limit the amount an injured party can recover for their incurred damages. Although a property owner would admit they were aware of a hazardous property condition, comparative negligence would apply. New Jersey is a comparative negligence state, meaning an injured party’s damages will be reduced by their degree of fault for their injuries.
If you or someone you love has been injured in a slip and fall accident, an experienced Essex County slip and fall accident attorney can help you fight for the full and fair compensation you need to get back on your feet. At the Law Offices of Christopher T. Howell, Esq., we are prepared to represent your interests to achieve the best possible outcome.
