Appellate court sides with Bendit Weinstock, P.A. in slip and fall case.
In a case against the Parsippany Troy Hills Board of Education, Intervale Elementary School, our client sustained permanent injury to her ankle after a slip and fall incident at the elementary school.
Our expert witness testified that the condition of the sidewalk where our client fell was hazardous, leading to a dangerous buildup of ice. The school argued that they enjoyed common law immunity for public entities regarding snow removal activities, and moved to dismiss the case.
The court found that the common law snow-removal immunity barred our client’s claim because ice caused her accident. As a result, the court dismissed the case, which we appealed on the client’s behalf.
What Is Snow-Removal Immunity?
New Jersey law grants public entities immunity from liability for suits arising from snow-removal activities. The reason behind this immunity is to promote the performance of snow-removal as a public service by freeing public entities from the threat of being sued for injuries arising from performing that service.
The Appellate Court Decision
The appellate court recognized that the “[snow-removal immunity] applies when snow or ice is the alleged cause of the accident…(noting a cause of action could exist where a public entity’s conduct was ‘unrelated to snow removal activity’ and amounted to ‘palpably unreasonable failure to warn of a dangerous condition.’”
Accordingly, the appellate court reversed the trial court’s decision to dismiss the case, concluding that the trial court improperly discounted our expert’s opinion that the sidewalk’s dangerous condition, rather than ice itself, caused our client’s injury.
As a result, our client can continue pursuing her claim against the school in court. We are proud to represent our client in her fight to hold those responsible for her debilitating injury accountable for their actions.
We Proudly Represent the Injured Residents of New Jersey
If you sustained severe injuries through no fault of your own, you shouldn’t have to endure the financial hardship of getting necessary medical care to treat your injuries. Public entities can be liable for harms resulting from a slip and fall incident on public property. To better understand the potential implications of your case, you should consult an experienced New Jersey slip and fall attorney. At Bendit Weinstock, our collective experience with personal injury cases exceeds 60 years. New Jersey residents who have been injured have come to trust our ability to provide compassionate legal advocacy, and so can you.
Contact Bendit Weinstock, online or call us at (973) 718-9868 to schedule your free consultation today.