Legal Question in Personal Injury in New Jersey

Slip & Fall

someone fell outside our apartment building and is suing us. The incident happened over 2 years ago. Is there any reason why the 2 year statute of limitations would not come into effect?


Asked on 10/29/07, 5:25 pm

2 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Slip & Fall

The statute of limitations applies in most circumstances, and in personla injury actions in NJ is usually 2 years. First, the complaint must be filed within 2 years, but it does not have to be served in that time. So if the statue ran and then they diligently serve, then it is timely. If it involved a child, then the statute does not begin to run until they are 18. Incompetents may in come circumstances never have a statute of limitations run. There are a number of other reasons which would extend time, but none of them obvious to your situation.

The best way to deal with this is to turn this over to your insurance carrier and have them defend it. If you are concerned about your liability or coverage, you may want to retain personal counsel. but leave the primary defense of the claim to the insurance company lawyer.

If you have questions beyond this, please feel free to contact me at 800-34-NJ-LAW

Read more
Answered on 10/29/07, 5:54 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Slip & Fall

No. Not typically. There are some situations that may toll the running of the statute, but they will have to be specifically plead. Your insurance carrier's attorney will handle all of that.

Read more
Answered on 10/29/07, 6:23 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New Jersey