Legal Question in Personal Injury in New Jersey

Slip and Fall on snow/ice

My mother fell on a sidewalk that was unshoveled two days

after a snowstorm had ended. This occurred at a private

residence (2 family home). Can she sue the homeowner for

injuries sustained by the fall? If yes, what type of lawyer

should I contact?


Asked on 2/27/04, 11:39 pm

2 Answers from Attorneys

Lawrence Simon Law Offices of Lawrence M. Simon

Re: Slip and Fall on snow/ice

Private residence and two family homes are different "creatures" under the law in NJ. If this were a single family privately owned (not rented) home, she could not sue. Since there was a commercial use, the renting of at least one unit, this is not deemed a private residence under New Jersey law. Even with a two family home, if it was less than 24 hours after the storm, the owner would not be held liable for failure to shovel (poor shoveling is a different story). However, under these circumstances, your mom has a strong claim. You should contact a trial lawyer, a personal injury lawyer that is prepared to do whatever it takes to get your mom the maximum recovery. I am a member of the Association of Trial Lawyers of America (ATLA) and of ATLA-NJ, which is the state trial lawyers organization, as well as a member of the Premises Liability Section of ATLA. I would be happy to provide a free consultation in person or by phone to determine the strengths of her case, and to advise on how it should be handled. View my web site at www.bergenlaw.com for more information on premises liability and my background. If I am not geographically convenient, I can recommend a fellow ATLA member who would also offer a free consultation. There are other lawyers more than qualified to handle her case, but many that are not. This has been a brutal winter, and the defense in these cases will likely argue that there was little people could do to avoid ice, and that not shoveling was better than poor shoveling. However, after two days, they are clearly violating local laws. Good luck to you and your mother. Please make sure you place as much attention on her medical treatment and recovery and you do her legal rights.

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Answered on 2/28/04, 8:54 am
John Pinho John Pinho

Re: Slip and Fall on snow/ice

I agree with Lawrence Simon's evaluation of your case. I handle personal injury matters including slip and fall cases due to ice and snow. I would be glad to meet with you and your mother regarding her case. I have an Office in Harrison and another in Newark (Ironbound Section). Please call for a free consultation (973) 344-0808. I look forward to meeting you and helping your mother.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 2/28/04, 2:49 pm


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