FREE CONSULTATIONS 856.983.8695

NJ Workers’ Comp & Injury Law – Can You Sue after a Fall Down Accident?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

FAQ: I was dropping off a package at a client’s office in Cherry Hill, NJ and fell down a flight of stairs because the step was broken. Can I sue?

Answer: Yes, you may sue. The theory of liability in NJ fall accident and injury cases is negligence, i.e., if a dangerous condition causes an individual to fall and sustain injuries, then the injured individual may recover from the responsible party. In this case, the dangerous condition would be the broken step which caused you to fall. Therefore, you may sue for your injuries and damages stemming from your stairway fall accident.

There could be multiple responsible parties:

  1. the client,
  2. an outside contractor, and/or
  3. the landlord/building maintenance company, if the office was rented.

Theory of Liability Against Client

If the client maintains the stairway, then the client would be liable for your injuries. However, you also have to prove that they had notice of the dangerous, broken step. For instance, if they knew that the step was broken a couple of weeks before your fall but failed to fix it, then they had ample notice and will be held liable for your accident.

Theory of Liability Against Outside Contractor

Using the above example except this time, the landlord called an outside contractor to come and fix the step. If the contractor negligently fixed the step which caused you to fall, then the contractor would be liable for your injuries.

Theory of Liability Against Landlord/Building Maintenance Company

If the client rents the office space from a landlord and it is the landlord’s responsibility to fix the broken step, then the landlord may be liable for your injuries.

Again, using the same example above, after the client knew that the step was broken, he called the landlord who sent building maintenance to come fix the step. If the maintenance employee negligently fixed the step that caused you to fall, then the landlord would be liable for your injuries.

NJ Workers’ Compensation Claim

Since you were injured while working, it is important that you report your fall accident to your employer. Per NJ workers’ comp law, you are eligible to receive medical and loss income benefits because you were injured while working. Therefore, your medical expenses would be covered by workers’ comp. If you lost any time from work, you may also receive a portion of your lost wages.

For more information about NJ workers’ comp benefits, see NJ Workers’ Compensation Law – What To Do After A Workplace Injury.

FREE Consultations – 856.983.8695

Car Accident Law Articles

NJ Cell Phone Use & Car Accident Law: NJ Gets Tougher on Distracted Driving – By A NJ Car Accident Lawyer

New Jersey was one of the first states to ban the use of handheld cell phones while driving.  Despite current New Jersey laws against talking on cell phones and texting while driving, drivers are still texting and talking on cell phones while driving on New Jersey...

Review of Phil Ciprietti, NJ Accident Lawyer

An Attorney Reviews Philip Ciprietti's Skills "I handled several cases against Phil over the years, both in the fields of automobile negligence and premises liability. In every case, Phil was professional, diligent and courteous, doing whatever he could possibly do to...

How to Win a New Jersey Car Accident Lawsuit (Part 1)

Numerous New Jersey car, bus or truck accident lawsuits are filed each year in the state, whether they are in South New Jersey (Cherry Hill, Marlton or Camden car accidents) or in North New Jersey (Newark, Edison or Paramus car accidents).  However, not all of these...

How to Recover Lost Wages After a New Jersey Car Accident (Part 1)

When drivers, passengers or pedestrians are seriously injured in New Jersey car accidents in Marlton, Camden or Cherry Hill, they typically cannot work for a period of time.  In addition to dealing with the stress of the accident, injured motor vehicle victims may...

NJ Car Accident Law: Can an Injured Car, Bus or Truck Victim’s Spouse Recover Damages?

Drivers and passengers are often injured in NJ car, bus or truck accidents.  Injured victims may file a lawsuit against the at fault driver for damages.  If car accident victims are married, their spouses also have a right to file claims against the negligent...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions