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Well, in a slip and fall case, the first thing you need to prove is that there was a dangerous condition. That’s number one. Then you need to prove that the
owner of the property who or whoever was responsible for that dangerous condition had a reasonable opportunity to remedy
the dangerous condition a sufficient period of time before the person came along and got injured. For example, if
someone walks into a supermarket and two seconds before they walk into the supermarket, a a a tray of blueberries
falls on the floor and they slip and fall and they get hurt. Is the store responsible? Absolutely not. Because the store did not have even though it’s a
dangerous condition, the store didn’t have a reasonable opportunity to get to the blueberries and clean them up or put a cone or whatever. However, under the
same example, if the blueberries fall on the floor and they sit there for an hour and nobody cleans it up, nobody does anything, and then the person walks in
and slips on the blueberries, then the store is responsible.
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Parsippany, NJ personal injury attorney Christopher Masmunno talks about what must be proved in a slip and fall case. He outlines the key elements of a slip-and-fall claim, explaining that an injured person must first show that a dangerous condition existed on the property. He adds that it must also be proven that the property owner or responsible party had a reasonable amount of time to discover and address the hazard before the accident occurred. To illustrate this point, he compares a situation in which a spill occurs moments before someone falls—leaving the property owner with no realistic opportunity to respond—with a scenario where the hazard remains unattended for an extended period. In the latter case, the owner’s failure to correct or warn about the condition could result in liability for the resulting injuries.
