In New Jersey, property owners must keep their walkways safe and free of hazards. If debris in a main footpath causes you to trip, slip, or fall, you may have a claim.
However, to win a case, you must prove that the property owner was negligent. Then, you can potentially get the compensation you deserve for your injuries.
Establishing duty of care and breach
To prove negligence in this type of injury case, you first need to show that the property owner had a “duty of care.” This means the owner is responsible for maintaining a safe environment on their property. If the property is open to the public, such as a store or an office building, the owner must ensure the walkways are free from hazards, such as debris, trash, or other objects that could cause harm.
Once you establish the property owner had this duty, the next step is showing that they failed to meet it. For example, if debris had been on the walkway for an extended period and no one cleaned it up, this could be a breach of duty. Similarly, if staff or the property manager ignored warnings or complaints about debris, it may strengthen your case.
Proving causation and damages
Next, you need to prove that the debris directly caused your injury. This means showing that your fall or accident happened because of the hazardous condition in the walkway, not due to something else. Witness statements, photos of the scene, and video footage can help confirm this.
Lastly, you must show that the injury resulted in damages, such as medical bills, lost wages, or pain and suffering. Keep records of your medical treatment, expenses, and any missed work as a result of the injury. Documentation of your injury will help prove the financial and physical impact the accident caused.
Though many property owners and insurance companies eventually settle such claims out of court, expect a defendant to push back against the amount of damages you seek. Gather strong evidence and build a robust argument as soon as possible to prove how negligence led to your harm.