An NJ fall lawyer represents victims who have sustained injuries as a result of a slip and fall accident. An interesting case brought by an NJ fall lawyer was decided on appeal recently.
A home decorator was working at a client’s house. At some point, it started to rain. The decorator had left her car windows open. So she proceeded to go outside to shut them. At the top of the outside stair landing, there were tiles. These tiles became very slick when they became wet. You probably can sense what happened next.
But I’ll tell you anyway. The decorator slipped. She flipped over and tumbled down the stairs. As a result, she claimed to have suffered “severe and permanent bodily injuries.”
The decorator retained an NJ fall lawyer to sue the homeowner. A jury trial ensued. The homeowner’s attorney moved to dismiss the decorator’s claim.
The grounds the homeowner’s attorney gave were that the decorator didn’t have a qualified expert tell the jury that the wet tiles were a slipping hazard.
The decorator’s NJ fall attorney countered that it was common knowledge that such tiles become “slippery when wet.” Under the law, you don’t need an expert to prove something that is common knowledge to a typical juror.
But the trial judge ruled against the decorator. He booted her case out of court.
NJ FALL LAWYER APPEALS RULING REQUIRING EXPERT TESTIMONY
The NJ fall lawyer appealed. Fortunately for the decorator, and for common sense, the appellate court reversed the trial judge. The decorator will get her day in court.
You may see the appeals court ruling here.
If you or a loved one has suffered a fall injury, due to someone else’s carelessness, please contact us to get advice from an experienced slip and fall attorney immediately. There are time limits to sue. If you miss a deadline, it will be too late.