Slip and fall accidents are often associated with property owners, but sometimes the dangerous condition was created by a contractor working on the property. Construction crews, cleaning companies, snow removal contractors, electricians, plumbers, and other service providers can leave behind conditions that put visitors at risk.
When a contractor creates a slip and fall hazard in New Jersey, the contractor, property owner, or both may potentially be responsible depending on how the accident happened and who controlled the area.
Contractors generally have a responsibility to perform their work with reasonable care. If a contractor creates an unsafe condition and someone is injured because of it, the contractor may potentially be held liable.
Examples of contractor-created hazards may include:
The key question is often whether the contractor’s actions created or contributed to the dangerous condition that caused the injury.
Hiring an independent contractor does not necessarily eliminate a property owner’s potential responsibility. New Jersey courts recognize that, depending on the circumstances, an owner or occupier may be liable for injuries caused by dangerous conditions negligently created on the property by an independent contractor.
A property owner may also have separate responsibilities regarding the safety of the premises. Liability could become an issue if the owner knew about a dangerous condition, should reasonably have discovered it, failed to correct it, or failed to provide an appropriate warning.
In some cases, however, an owner may not be automatically responsible for every negligent act committed by an independent contractor. The specific relationship between the parties, control over the work, and circumstances surrounding the accident can all matter.
Yes. A slip and fall case can involve several potentially responsible parties. For example, a cleaning contractor might create a slippery floor while the property manager fails to place warning signs or restrict access to the area.
Contracts between the property owner, management company, and contractor may help determine who was responsible for inspecting, maintaining, or controlling the location where the accident occurred.
New Jersey’s comparative negligence law may also affect compensation. If an injured person is partly responsible for an accident, their damages may be reduced according to their percentage of fault. Recovery is generally permitted when the injured person’s negligence is not greater than the negligence of the party or combined parties from whom compensation is sought.
Determining who created a dangerous condition often requires evidence such as:
Because spills, debris, and temporary work areas can be cleaned or removed quickly, documenting the scene as soon as possible can be especially important.
If you are injured in a slip and fall accident, seek medical attention, report the incident, and preserve any available evidence. A New Jersey premises liability attorney can investigate who created the hazard, determine which parties may be responsible, and evaluate potential compensation for medical expenses, lost income, pain and suffering, and other damages.
