New Jersey Courts have long recognized a cause of action when a property owner fails to use reasonable care to prevent a slip and fall as a result of snow and ice that accumulates on the ground. One of the most common slip and fall accidents is a slip and fall caused by ice or packed snow that can often result in serious personal injuries.

In New Jersey, the owner of property has an obligation to keep their property in a reasonably safe condition, including the removal of snow and ice so as to prevent slip and falls or other personal injuries. Under New Jersey law, a person who enters a business is entitled to have a reasonably safe place within the scope of their invitation upon the property. Property owners are obligated to take whatever steps are necessary including plowing, salting and sanding so as to reduce the risk of slip and fall accidents as a result of snow and ice.

If a person slip and falls as a result of an icy or slippery condition caused by packed snow the law can provide a remedy for a personal injury suffered. Ordinarily a claim is initially made against the insurance company for the property owner who failed to properly take care of their property and if no fair settlement offer is made a personal injury attorney can file a law suit in the Superior Court of New Jersey where damages for personal injuries can be sought.

The heavy snowfalls of 2010 create the risk of a slip and fall accident as result of snow and ice. Often property owners fail to take all measures that are necessary to prevent injuries. If a person is injured as a result of a slip and fall on ice and suffers personal injuries they should contact a personal injury attorney to explore their rights.

The advent of cell phones creates a wonderful opportunity if individuals can have enough foresight to take a photograph of the area where they slipped and fell. A personal injury attorney who has evidence of the condition of the property where the slip and fall occurred would be in a much stronger position to prove a case if there were photographs that were taken at the time that accident occurred. Of course, sometimes people are so seriously injured or simply do not think about preserving evidence at the site of a slip and fall and failure to take a picture will not bar you from bringing a claim and evidence can be obtained from others by other means.

Property owners should all make a concerted effort to make sure that their property is safe and that snow and ice is removed in an area where people would be expected to be walking. However, if you do suffer a slip and fall as a result of snow and ice that accumulates as a result of the failure of a person to properly clear their property then you should consult with a New Jersey personal injury attorney about your rights.

In today’s world, many people carry a camera, although often they do not think about the fact that they have it.  Most cell phones today are able to take digital photographs.  This capacity can come in very handy when a person suffers a slip and fall accident.

One of the most common forms of personal injury is the slip and fall.  The slip and fall accident often results in severe personal injury including fractured bones, head injuries and tears to the ligaments and tendons in the body.  A person who suffers a slip and fall type injury should try to document the conditions that led to their fall.  Obviously, when a person suffers personal injury, their first thought is for their well-being and not to preserve evidence.  However, nothing is more critical than photos taken on the day of the accident that show a wet floor, an icy sidewalk or some other dangerous condition.

In addition, in this day and age juries expect to see photographs of an slip and fall accident scene and if a person does not take photos, that point could be argued against them.  Sometimes a person will suffer such severe personal injuries that they will not be able to take any photographs and in those circumstances medical attention should be your first priority.

However, if you are able to either take some pictures yourself or ask someone else to take them for you, by all means do it and give them to your personal injury attorney!

Taking accident scene pictures may provide the best evidence in any case for personal injuries you bring as a result of your slip and fall.  The Personal Injury Attorneys at Pellettieri, Rabstein and Altman would use those photographs to convince an insurance company that settlement is appropriate or ultimately at trial to establish your injury case.

Many slip and fall accidents in New Jersey are caused by cracks or upheavals of a sidewalk. New Jersey is largely made up of communities that have sidewalks, including locations in Mercer County and Burlington County.

A number of things cause sidewalks to crack: the age of the sidewalk, it’s exposure to weather conditions, tree roots or truck traffic all lead to cracks which create dangerous conditions to a sidewalk. Any person using a public sidewalk that is in a dangerous condition can potentially be harmed. Personal injuries, often serious personal injuries, can be caused by these defects in sidewalks.

In most cases, sidewalks are public easements that are essentially owned by the Town or City in which they exist. However, it is difficult to sue the governmental entity responsible for the sidewalk. Even if a sidewalk causes serious personal injuries, the New Jersey Tort’s Claim Act places restrictions on the ability to sue a government entity for an accident caused as a result of a condition of their sidewalk.

Fortunately, the New Jersey Supreme Court has imposed a responsibility on the owners of commercial properties to maintain the adjacent sidewalk. Stewart vs. 104 Wallace Street, Inc. 97 NJ 146 (1991). Therefore, if you fall on a sidewalk next to a commercial property, that landlord or owner would be responsible. The issue becomes more difficult when a person falls in front of a residential property. New Jersey’s Courts have not extended legal responsibility for slip & fall injuries caused by defects in a sidewalk adjacent to a residential property. Even though most municipalities require by ordinance that the property owner maintain their sidewalk, the Court’s in New Jersey have refused to hold property owners liable for slip and falls as a result of a defective sidewalk in front of a residential home.

However, this Rule like every other Rule has exceptions. If you can demonstrate that the property owner had some responsibility for creating the dangerous condition of the sidewalk or that the owner had made repairs and done so in a negligent manner liability can attach. Many cases were people suffered serious personal injuries do occur in front of residential property owner’s premises and unless you have an injury lawyer who is willing to dig for the facts and to determine the reason the sidewalk is in a dangerous condition, your case may be rejected. Pellettieri, Rabstein and Altman specialize in slip and fall cases including those accidents that occur on sidewalks. Our attorneys will make every effort to obtain information that would be helpful in proving a legitimate case for you in a slip and fall on a sidewalk. This also includes slip and fall that occur as a result of icy conditions to the sidewalk where the law is similar for that where the sidewalk is upheaved or have dangerous cracks in it.