I Slipped and Fell at Work, Can I Sue the Landlord?
I slipped and fell at work and want to sue the landlord where I show up every day for work, am I able to do this?
I fell on ice in the parking lot at my employer’s work site. Am I also able to sue the snowplow company so I should landscapers who shoveled the sidewalks and plowed the driveway?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.
In this case the injured plaintiff drove his truck through the gate at the employer’s location and parked his vehicle. He walked into his job, but remembered he needed his cell phone and wallet. He returned to his car to retrieve his cell phone and wallet from his vehicle and turned the key over at the gate house box when he slipped and fell on the ice.
These are very routine questions that come up all the time in the area of personal injury cases. First of all, often times the first area of treatment and recovery may be Worker’s Compensation coverage. Depending on the employment and depending on the circumstances, such as an employee driving from one location to another on behalf of your employer, if you slip and fall in the parking lot walking to work from your car from those other work assignment location you will be entitled to Worker’s Compensation coverage.
However, if you are arriving at work or leaving work and clocked out the going and coming may come into play. In all likelihood you may not be in the “course of employment “during your walk out of the parking lot.
In this case the employee slipped and fell on the least premises. The lease between the landlord and the employer required the employer to be responsible for injury to persons are coming in or about the demise premises by reason of existing. For future conditions, defect, matter or thing inside the premises for the act or omission or negligence of other persons or tenants in or about the building. In other words, the tenant assumed responsibility to indemnify and hold harmless the landlord for any and all issues on the property including gas whatever rain snow and ice.
In this case the Appellate Division affirmed of the trial courts dismissal of the case against the landlord because the negotiated commercial lease unquestionably places responsibility for the snow and ice removal on the tenant.
Arguably the facts of this case, because the employee had not clocked in, he may not be covered for Worker’s Compensation coverage. As a result the effort to obtain liability coverage from the landlord was his next avenue for recovery. The terms of the lease are really important to review for everyone of these cases as well as the specific activity of the employee in relation to employment responsibilities.
Jeffrey S. Hark, Esq.