A slip and fall accident attorney represents people injured by someone’s negligence (carelessness). Negligence which causes the victim to trip. A crucial thing that an attorney must determine is whether the negligent party can be sued.
Surprisingly, there are some persons and entities that a slip and fall accident attorney cannot sue. Even if they negligently caused his client injury.
For example, in some cases (not all), a slip and fall accident lawyer won’t be able to sue the government. Another common exception arises when a victim trips on a public sidewalk in front of a private home. In such cases, the law in New Jersey is that the slip and fall accident attorney may not sue the homeowner, with limited exceptions. (In some cases, the slip and fall accident attorney may be able to sue the municipality or other parties responsible for the accident).
The same rule applies if the accident occurs on a public sidewalk outside of a condominium complex. A lawyer can’t generally sue the property owner.
In contrast, a slip and fall accident attorney generally may sue a business for a slip and fall accident that occurs on the sidewalk outside the business.
The question arises, what if the client of a slip and fall attorney falls on a sidewalk inside a private residential development.
SLIP AND FALL ACCIDENT ATTORNEY CAN SUE HOMEOWNERS’ ASSOCIATION
In a recent case, the New Jersey Supreme Court ruled that a slip and fall accident attorney can sue a homeowners’ association in such a case. The Court reasoned that, because the association owned the sidewalk, it was fair to impose liability on it.
The law in this area is very complex. If you are injured in a slip and fall, contact an experienced New Jersey accident attorney immediately. Never assume that you don’t have a case.
Moreover, there are deadlines to take legal action. The first deadline may be as soon as 90 days after the accident.