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I slipped and fell on a marble floor inside a casino in NJ and injured my knees. I couldn’t see the liquid. Can I sue the Atlantic City casino for my medical expenses and injuries?

 

A:

It depends on the facts and circumstances of your NJ slip and fall accident. Public establishments such as casinos, have a duty to keep their businesses free of unreasonably dangerous conditions, such as slipping hazards. If patrons slip, fall and injure themselves as a result of a slipping or tripping hazard, then public establishments may be responsible for the injured patrons’ injuries and damages.

Related NJ slip and fall accident legal article: Slip & Fall Accident At A New Jersey Casino – What Are Your Legal Rights

Though liquid on the floor is a slipping hazard, there are a few things I need to know from you in order to properly assess your slip and fall accident case.  In addition, a thorough investigation is also needed to obtain more information.

For example, I need to know:

  • the size of liquid on the marble floor,
  • the color of the liquid,
  • the lighting condition, and
  • whether someone from the casino said anything to you after the accident, etc.

In terms of the investigation, we will need to obtain the incident report (if one was made after your fall), the casino’s policy on inspecting the premises, etc.  All of this information needs to be factored in when determining whether you have a viable slip and fall case in NJ.

In addition, we need to establish that the casino had notice of the liquid in order to prevail in your lawsuit.  The casino would need to have actually known about the spill before your accident, but did nothing to clean it up.  If the casino didn’t actually know about the spill, it may still be liable if it should have known about it. 

For instance, if it was the casino’s policy to have personnel walk around the premises to inspect for spilled drinks or other dangerous conditions every 20 minutes, but failed to do so, the casino may be liable.  The reason is if the employee did walk around to inspect the casino, he would have seen the spill and cleaned it up.  However, because the employee failed to do so, the liquid remained on the floor, and you fell as a result. 

Another factor that needs to be considered is how long the liquid was there.  Liability will not attach if the slip and fall accident happened immediately after the spill.  It would be unreasonable to expect the casino to clean it up right away.  In order to know how long the spill was there, we can look at the surveillance videos to establish how long the liquid was on the floor before you fell.

Related slip, trip & fall accident case result: Woman fell down steps at hotel - $900,000 settlement

As you can see, there are a lot of facts and things we need to find out.  Feel free to give me a call to schedule a free initial consultation, and we will help you through this process. 877.944.8396


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