By CourtLaw Injury Lawyers
The Law Offices of Karim Arzadi (CourtLaw) has secured a $900,000 settlement for a Newark, New Jersey woman who was seriously injured when she slipped and fell on a wet floor.
The defense tried two familiar arguments to avoid paying full value. We took both apart.
How a Wet Floor Slip and Fall in Newark Led to Serious Injuries
Our client was walking across the floor of a business when she slipped on a wet surface and fell hard. What should have been an ordinary errand turned into months of medical care, missed work and pain that changed her daily life.
When she pursued her claim, the insurance company did what insurers often do. It denied responsibility and offered far less than her injuries were worth.
Wet Floor Cones Do Not Excuse a Dangerous Hazard
The defense's main argument was that wet-floor cones were in place. On that view, the company had done its job and our client should have avoided the hazard.
We turned that argument around. The cones proved the business knew the floor was wet. A business that knows about a dangerous condition cannot satisfy its duty just by setting out a sign. It has to deal with the hazard itself, and here the defendant did not do a good job cleaning up the wet floor. Our client was left to walk across a surface the company already knew was slippery.
New Jersey Property Owners Must Make Floors Safe, Not Just Post Signs
A warning cone is not a free pass. In New Jersey, whether a property owner acted reasonably depends on everything it did or failed to do. That includes whether the floor was made safe, not just whether a sign was standing nearby.
Why the Pre-Existing Condition Argument Failed
Next, the defense argued that our client's knee injury was not caused by the fall at all. Its basis was that she had knee surgery before the accident.
The records answered that argument. Her earlier surgery was on her right knee. The fall injured her left knee. These are two different joints with two separate injuries. A past operation on one knee says nothing about what caused a new injury to the other.
Negligent Parties Are Responsible for New Injuries and Aggravated Ones
Insurers raise "pre-existing condition" defenses in nearly every serious injury case. But a negligent party is responsible for the harm it causes, whether it creates a new injury or makes an old one worse.
How CourtLaw Secured a $900,000 Slip and Fall Settlement
Our team built the case as if it were going to trial. We preserved evidence early, documented every injury with our client's treating physicians, answered each defense argument with records and expert testimony, and presented the full measure of her losses.
Faced with that record, the defense agreed to resolve the case for $900,000. Our client received compensation that reflects what she lost, without the delay and uncertainty of trial.
What to Do After a Slip and Fall Accident in New Jersey
If you were hurt in a fall on someone else’s property, these steps can help protect your health and your claim.
- A warning sign doesn't end your case. Cones and signs can show that a business knew about the danger.
- "Pre-existing condition" isn't the final word. The question is what the accident caused or made worse.
- Don't accept the first offer. Early offers usually come before the full extent of your injuries is known.
- Get treatment and stick with it. Consistent care protects your health and your claim.
- Act quickly. Surveillance video can be erased within days, and New Jersey sets strict filing deadlines.
The sooner you speak with an experienced slip and fall lawyer, the better your chances of preserving key evidence and recovering full compensation.
Injured in a Newark Slip and Fall? Contact CourtLaw Today
If you or someone you love was injured on someone else's property, the attorneys at the Law Offices of Karim Arzadi are ready to fight for you. We handle personal injury cases on a contingency-fee basis, so you pay no attorney's fee unless we recover for you.
Contact CourtLaw today for a free, confidential consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.