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

Fatal Truck-Car Accidents on the New Jersey Turnpike

Motor vehicle accidents involving trucks and cars often result in serious and fatal injuries. There already have been several fatal truck-car accidents in New Jersey this month. Related: New Jersey Car Truck Accidents – What Can You Recover? NJ Officer Killed After...

New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 3)

NJ car and truck accident victims may sue drivers at fault even if they have verbal threshold on their car insurance policies, as long as their injuries fall under an injury category provided in New Jersey's Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A....

NJ Car Accidents in Cherry Hill and Marlton – Dialing While Driving Can Cause Motor Vehicle Accidents

New Jersey drivers face many distractions today. The most obvious distraction is cell phones or smartphones. Other distractions include eating, using a GPS device or changing the radio station. Distractions associated with cell phones and smartphones are talking while...

NJ Car Accident Prevention – Cell Phones are not the only Distractions that Cause Car Accidents

As all drivers know, talking or texting on cell phones while driving is dangerous and can cause serious car accidents and injuries.  In New Jersey, drivers are not allowed to talk or text on phones while they are driving a car, SUV, truck, bus, tractor-trailer or...

NJ Car Accidents – Slew of Fatal Car Crashes Last Week

There have been several serious motor vehicle accidents in NJ last week. Deadly Fiery Crash on the NJ Turnpike Last Tuesday morning, a black BMW slammed into the back of a tractor-trailer on the NJ Turnpike, in Woolwich Township, Gloucester County. The BMW was pinned...

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