Who is responsible for the hospital bill in a slip and fall accident?

Asked over 2 years ago - Newark, NJ

Accident happen because of wet steps on a public transportation bus

Attorney answers (7)

  1. Adam Springer

    Contributor Level 9

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    Answered . It didn't seem like anyone else has attempted to answer your question. They just told you to contact an attorney. Private buses must provide insurance for injuries occuring on the bus. This type of insurance is called No-Fault or Personal Injury Protection benefits. Private buses must provide this. However, New Jersey Transit does not provide No-Fault benefits. To get New Jersey transit to pay for your medical bills, you would have to prove that they were at fault. Unlike normal negligence cases, you have to prove a much higher standard of care was violated to recover from NJT. However, if the steps were wet on the bus, you may be able to prove this with the help of a good attorney. A very specific form called a Notice of Claim, must be filed with New Jersey Transit within 90 days of the accident or you will have no right to pursue any claims against them. In addition to your medical bills, if you have suffered a severe permanent injury, you may also be entitled to compensation for your pain and suffering. To give you a more precise answer, you would have to advise the date of your injury and the bus company. Also, whether an incidet report was taken is an important fact for an attorney to know. I hope this helpos you. Feel free to contact me should you have further questions about this.

  2. David Alexander Russomanno

    Contributor Level 12

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    Answered . You really need to contact an experienced and competent personal injury attorney. Most of them, if not all, offer free consultations and no fee until they recover for you. Plus they can contact the hospital on your behalf and better explain the situation, so the bills will be put on hold for the time being. Good luck to you.

    The above answer is for general information only. It is not "legal advise" but analysis, and different lawyers may... more
  3. Yolanda Navarrete

    Contributor Level 20

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    Answered . Please feel free to make an appointment for a free legal consultation. There are facts that need to be reviewed in order to provide you with an answer you can rely on.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  4. Stuart M Nachbar

    Pro

    Contributor Level 17

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    Answered . I agree with Ms. Naverette as the situation may be more complicated than you think. It could be the bus company, but the bus company could be owned by the State, which menas Title 59 issues. Strongly urge you to get a consult as timelines could bar recovery.

    The previous information is solely for informational purposes only. If you have further questions, please contact... more
  5. Kevin Craig Carter

    Contributor Level 7

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    Answered . I agree with my colleagues that you should consult with an attorney to evaluate the case. I just want to urge you to contact someone soon. If the State owns the bus company, you would have a fairly small window in which you can bring any claim.

    Your consultation should certainly be free.

    The attorney that you choose will certainly be able to help you coordinate the hospital bills.

    Please note that the information provided here is for general informational purposes only, and should not be... more
  6. Angelo Jamie Vasquez

    Contributor Level 9

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    Answered . I agree with the prior response. In order for you to be able to recover against NJT you would have to file a notice of claim within 90 days from the date of the accident. Also, this would be considered a Title 59 case, and the standard is much higher than ordinary negligence for this type of injury. But if there is enough evidence to meet the threshold you could be successful. If you would like to discuss it further please feel free to contact me offline at:

    james@jamesvasquezlaw.com

    This response is not legal advice and should be considered as attorney advertising. No attorney client... more
  7. Howard Robert Roitman

    Contributor Level 17

    Answered . In Nevada, proprietors owe their invitees a duty to use reasonable care to keep the premises in a reasonably safe condition for use

    Negligence is never presumed but must be established by substantial evidence. Liability may be found only on proof that defendant had either actual or constructive notice thereof, and when positive evidence is not available to explain presence of such foreign substance, trier of fact is called upon to draw such reasonable inferences as are permitted from evidence of how you where injured.


    2

    slip and fall

    In the "slip and fall" case involving a foreign substance upon a surface, if evidence is available to establish or permit reasonable inference that its presence was result of conduct by agents or employees of defendant, liability may be found . i.e. if you can show they put it there it is there fault esyer said then done. all persons in this society have an obligation to act reasonably and that an owner or occupier of land should be held to the general duty of reasonable care


    3

    reasonable inferences

    Frequently, positive evidence is not available to explain the presence of such foreign substance, and the trier of fact is called upon to draw such reasonable inferences as are permitted from the evidence offered in this regard.liability may be found only on proof that the defendant had either actual or constructive notice of the stuff on the floor Annot. 61 A.L.R.2d 6, 69.


    4

    Duty to maintain

    (1) reasonably foreseeable risk (2) there must be a relationship of proximity between the plaintiff and defendant and (3) it must be 'fair, just and reasonable' to impose liability. However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges.


    5

    Negligent maintenance

    The duty to maintain may include, in appropriate circumstances, an obligation toupgrade" facilities that harbor foreseeable hazards by, for instance, installing guardrails.


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    Agents or employees of defendant

    If evidence is available to establish or permit reasonable inference that its presence was result of conduct by agents or employees of defendant, liability may be found upon ordinary agency principles, respondeat superior is applicable, and notice is imputed to defendant,


    7

    How long hasirritent the been on the floor before your fall

    In the "slip and fall" case, evidence of prior accidents is usually excluded where it relates to a temporary condition which might or might not exist from one day to the other unless there is proper showing that conditions surrounding prior occurrences have continued and persisted. irritent


    8

    duty to keep the premises in a reasonably safe

    Of course a proprietor owes his invited guests a duty to keep the premises in a reasonably safe condition for use-the duty of ordinary care. The experience of **50 mankind demands that the illusory standard of ordinary care be applied in a reasonable fashion, and courts generally have done so


    9

    'slip and fall' caused by litter, debris, or water

    Distinction in the law between a 'slip and fall' caused by litter, debris, (Wagon Wheel v. Mavrogan, 78 Nev. 126, 369 P.2d 688; Eldorado Club v. Graff, 78 Nev. 507, 377 P.2d 174), water (Worth v. Reed, 79 Nev. 351, 384 P.2d 1017), or some other foreign substance upon a floor,


    10

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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