How to Prove Your Slip and Fall Case in New Jersey
You are considered an invitee under the law any time you visit a private home, public building or park. Due to this, this means that the homeowner, property manager, or manager is responsible to ensure that you and all other people that enter the building are safe.
Sadly, all too often property owners, homeowners and managers fail to maintain their property and are therefore neglectful of that responsibility. If there is a known hazard on the property that the owner or manager fails to repair, warn others about or attempt to hire additional people to maintain the property, they may be considered liable for any injuries sustained.
To prove a slip and fall case, it is essential to establish by the “burden of proof” that there is a viable cause of action. It is also known as the burden of persuasion, which refers to the confidence level of a jury or judge in order to legally find the claim that was placed successful.
The most well known burden of the “beyond a reasonable doubt” burden of proof which requires persuasion of 98-100%. However, the civil burden is lower. That is the “preponderance of evidence” standard which only requires 51% that it more likely than not that the defendant’s negligence caused your damages. This makes it much easier to prove a case as the plaintiff really only needs to establish 51% verses the 98-100% of reasonable doubt. However, it also means that a defendant only needs to prove a defense by 50% or more because a “tie” goes in the defendant’s favor. This is why it is imperative to retain an experienced and skilled slip and fall lawyer in Middlesex County, NJ like ours at Silverberg Law Firm LLC.