Legal Question in Personal Injury in New Jersey

accident

i slipped on ice in my employers parking lot and broke my right hand, spiral fracture

what is their laibility?

what could i claim?

what do i risk?


Asked on 12/24/08, 10:23 pm

4 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: accident

Liability of Owner of Commercial Property for Defects, Snow and Ice

Accumulation and Other Dangerous Conditions in Abutting Sidewalks

No one plans on being injured in an accident, whether it is a car

accident, fall down or other situation. Speak with a personal injury

attorney immediately to retain all your rights. The stores are responsible

for the maintenance of their premises which are used by the public. It is

the duty of the store to inspect and keep said premises in a safe condition

and free from any and all pitfalls, obstacles or traps that would likely

cause injury to persons lawfully thereon.

The law imposes upon the owner of commercial or business property

the duty to use reasonable care to see to it that the sidewalks abutting the

property are reasonably safe for members of the public who are using them.

In other words, the law says that the owner of commercial property must

exercise reasonable care to see to it that the condition of the abutting

sidewalk is reasonably safe and does not subject pedestrians to an

unreasonable risk of harm. The concept of reasonable care requires the owner

of commercial property to take action with regard to conditions within a

reasonable period of time after the owner becomes aware of the dangerous

condition or, in the exercise of reasonable care, should have become aware

of it.

If there was a condition of this sidewalk that was dangerous in that it

created an unreasonable risk of harm for pedestrians, and if the owner knew

of that condition or should have known of it but failed to take such

reasonable action to correct or remedy the situation within a reasonable

period of time thereafter as a reasonably prudent commercial or business

owner would have done under the circumstances, then the owner is negligent.

If you are injured, after seeking medical treatment and advising the store/

mall, CALL KENNETH A. VERCAMMEN, ESQ For an Appointment

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Answered on 12/25/08, 10:57 pm
Gary Moore Gary Moore Attorney At Law

Re: accident

Your claims depend on who owns the lot and whether the lot was provided by your employer for employee parking. If the lot were provided for employee parking you injured yourself at work and have a worker's compensation claim against your employer. If the lot were owned by a third party, you have a claim against the owner of the lot if you fell due to a dangerous condition on the parking lot.

Call me if you like, on Friday.

Gary Moore, Esquire

Hackenack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/24/08, 10:38 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: accident

It depends, there may be other parties liable. Definitely give me a call at my direct line. 267.639.3105. I'm in the office on Christmas Day.

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Answered on 12/24/08, 11:53 pm
Michael Zerres Blume Forte Fried Zerres & Molinari

Re: accident

You may have both a Workers Compensation claim and a 3rd party claim against the property owner. We'd need some additional information from you in order to assess the viability of your claim. Please feel free to contact me or any of my partners at the Blume Goldfaden Firm via the profile information provided on this site. We look forward to speaking with you, and will assist you in any way we can.

Michael B. Zerres

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Answered on 1/05/09, 4:20 pm


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