Have you slipped in your apartment complex?
Here is another slip and fall case dismissed by the court.
These are not simple cases! You must have your evidence in order prior to filing suit in order to survive your case being dismissed.
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.
In this case the plaintiff did not have the evidence in hand or have the ability to obtain the evidence of prior complaints regarding a cracked piece of marble in a common area. In addition there was no evidence of prior complaints, that would reveal that the property manager and or maintenance company was on notice of a dangerous condition. The defendant did not contest the existence of the crack. However the plaintiff was not able to prove that there was a breach of the duty of the landowners by way of notice of a dangerous condition in there failure to address it. The ferry to prove the breach of the duty was a fatal problem with the case. Has your attorney got off of the emails and property maintenance materials reflecting prior knowledge of a condition. How about annual inspection, in addition, what about maintenance records and construction records. Without these materials you do not have a chance of winning a personal injury case in New Jersey.
In addition with more sophisticated types of property hazards, and expert is always needed to confirm the duty and the breach of the duty by the property owner. Has your attorney taken the steps to protect your interest?.