As we have often said, the success or failure of a personal injury case will come down to the facts. A recent unreported Appellate Division decision in a slip and fall case makes that clear.

The plaintiff tripped over an uneven sidewalk abutting the defendant homeowners’ property. She alleged that she tripped because of the elevation of the sidewalk slab and the decorative white stones that had spilled on the sidewalk obscuring the elevation of the sidewalk.

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In a personal injury case, the plaintiff is obligated to prove at trial that her injuries are causally related to the accident. Typically this is accomplished through the use of a medical expert who evaluates the plaintiff, provides an expert report and testifies at trial. This may also involve the use of diagnostic testing to support the expert’s conclusion.

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In New Jersey, accident victims have two years from the date of their accident to file a lawsuit, under the applicable statute of limitations. Any case filed after that deadline is subject to dismissal.

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The New Jersey Tort Claims Act in many ways limits the ability of injured persons to obtain compensation from governmental entities and employees for negligence.

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The New Jersey Appellate Division recently reversed a trial court’s dismissal of a falldown case, raising some instructive points.  The plaintiff had slipped and fallen on black ice near a metal drainage grate in her employer’s parking lot and sued the owner of the building and lot.The trial court judge found that prior complaints of ice in the parking lot were insufficient to constitute constructive notice of icing conditions in the area of the lot where the plaintiff fell.

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