Slip and fall accidents are very common, whether they are on an icy sidewalk, in a restaurant or in a casino. What should injured slip and fall accident victims do after they fall? Can they recover any financial compensation for their injuries and pain and suffering? This article will address all of these issues specific to a slip and fall accident in a New Jersey casino.
A public establishment open for business to the public, such as an Atlantic City, NJ casino, has the duty to protect its customers from unreasonably dangerous conditions on the premises, such as a tripping or slipping hazard. One of the most common conditions that causes patrons to slip and fall inside a casino is spilled water, soda or other types of drinks. The reason is patrons are often walking around inside a casino with a drink in their hands, and it is not uncommon for the drink to spill onto the floor. If the spilled drink or liquid is not cleaned up on a floor that is not carpeted, such as a marble floor, then a patron walking by is likely to slip and fall.
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However, just because there is liquid on the floor and a patron slips and falls does not automatically make the casino liable. The casino had to have notice or constructive notice of the spill on the floor. Actual notice is where an employee of the casino sees the spill and knows about it. Liability in this case would attach if the employee did nothing about the spill and let it stay there for a significant period of time.
Constructive notice is where the casino should have known about the spill. It is common for a public establishment such as a casino to have personnel inspect or patrol the premises for spills or other unusual conditions. If the casino did not have a policy for inspecting the premises, liability could attach, and the casino may be liable. Had the casino inspected the premises, it would have known about the spilled drink and cleaned it up.
For a detailed discussion about constructive and actual notice, see Is Proving Notice Necessary To Win A PA Trip & Fall Accident Case.
There are also other factors that must be considered, such as the period of time the liquid was on the floor, the lighting condition or the type and color of the floor. For example, if a patron spilled his drink while walking, and another patron right behind him slipped and fell immediately after, the casino is likely not going be found liable. It is unreasonable to expect the casino to know and clean up the spill immediately after it happened. However, if the liquid was on the floor for a couple of hours and an employee is supposed to patrol the premises every 20 minutes, then it is likely that the casino will be liable for an injured customer’s slip and fall accident.
Every slip and fall accident case in NJ is different, and it is important to seek legal advice from an experienced NJ slip and fall accident case. Daniel J. O’Brien and his team have helped numerous NJ fall accident victims recover financial compensation. Call today to schedule a free consultation @ 877.944.8396.