Legal Question in Personal Injury in New Jersey

Work related injury

I�m a truck driver while making a pick up at a location in NJ I twisted my ankle while walking down the stairs then fell down the rest of the way.

I went to an orthopedic doctor who said I have ankle syndesmosis and will require surgery to repair.

I�ve filed workman comp.with my job no problem there, I was woundering if there is some kind of liability at the location I was at that caused this to happen?


Asked on 8/13/07, 10:25 am

6 Answers from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Work related injury

It is certainly possible that there is liability against the location.

The landowner or commercial operator owes those who are invited onto its premises for business the duty to maintain a safe premises. That doesn't mean that they insure against every injury. The landowner or commercial operator is only liable if they breach a duty, and that breach results in injury.

Do you know what caused you to fall? Was it a condition that was caused by the landowner, or one which he knew or should have known of but allowed to continue to exist? Were you yourself exercising due care? These are the questions which have to be answered before anyone can tell you whether there is liability against the third party.

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Answered on 8/13/07, 10:42 am
Scott Levinson Korybski & Levinson

Re: Work related injury

There may in fact be liability on the part of the property owner, depending on the specific facts and circumstances of your fall. The owner of the stairs has a duty to keep them in a reasonably safe condition and if it can be shown that you fell due to a defect at that location, then you may have a case against the owner. My firm handles these types of cases and I would be happy to speak with you in further detail about this matter. Please feel free to contact me at your earliest convenience.

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Answered on 8/13/07, 10:56 am
Eric Fikry Obermayer Rebmann Maxwell & Hippel LLP

Re: Work related injury

In general,commercial property owners must exercise reasonable care to protect the safety of people who come on the property for business purposes. This obligation includes making reasonable inspections of the premises, and taking necessary steps to correct or warn of hazardous conditions they know or should know about.

To evaluate whether there is liability on the part of the property owner, one would have to know more about the circumstances of your fall. For example, if there was no handrail on the stairwell in violation of building codes, or if you fell because the steps were slippery due to the owner/occupier's failure to clean up a spilled substance, there may be a basis to argue that the property owner breached his or her duty of care.

If you have any further questions, please feel free to contact my office.

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Answered on 8/13/07, 10:59 am

Re: Work related injury

Maybe. It depends upon the facts. IF they were negligent in some easy which lead to or contributed to your falling, they may be. On the other hand, if you were clumsy, you didn't tie your shoes, you were sleepy/foggy because of medication you took, you spilled a drink which you then slipped on, etc., then you are not going to be able to blame someone else, can you? IF you still think they may have some liability, you need to speak with an attorney.

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Answered on 8/13/07, 11:02 am
Scott Diamond DIAMONDLAWYER

Re: Work related injury

There very well may be a claim. It depends on why you fell. Was there a substance on the ground, was there a defect on the stairs? It is the type of case that my office routinely handles. Let me know if I can be of assistance.

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Answered on 8/13/07, 11:08 am
Gary Moore Gary Moore Attorney At Law

Re: Work related injury

You have a third party action against the owner or lessor of the property where you fell. You need an inspection of the stairs by a safety expert in order to prove your claim and you need the inspection NOW.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/13/07, 11:15 am


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