www.njchiropractors.com I 9 Legislative Update LegalEase LEGAL LEGAL Q&A CHIRO ASSIST TECHNIQUE Council NUTRITION Council REHABILITATION Council OUR HEALTH This year’s winter season kicked into high gear with an unusually early and exceptionally messy snow storm. Though many New Jersey residents were not equipped to deal with the treacherous weather, it is important to be prepared for the upcoming months, as winter has barely even begun and is bound to bring more snow and ice. Safety is a huge concern during the winter months. The buildup of snow and ice is a hazard that an owner of a commercial property must mitigate by shoveling or spreading salt or sand to prevent slip-and-fall accidents. This includes snow and ice on sidewalks, steps, parking lots and other walkways. Under premises liability law, property owners are responsible for ensuring that their properties are safe for those who visit. They are required to eliminate safety hazards within a reasonable amount of time or to provide adequate warning that a potential danger exists if it cannot be eliminated right away. Under certain circumstances, a person who slips or falls and suffers an injury due to improperly maintained properties may file a claim against the owner and hold them liable for medical expenses and other losses. Snow and ice often serves as a lubricant for more serious underlying issues including cracked and elevated sidewalk slabs, uneven stairs, poor lighting, and weak hand rails. The burden of providing a safe premise falls more heavily on business owners than on residential property owners because businesses operate with the intent of having people enter their property. New Jersey courts have indicated that businesses have an “absolute” duty to ensure the safety of both customers and potential customers. Operators of public places such as parks, hospitals, and apartment complexes also have a responsibility for the safety of visitors that is typically higher than that of a residential homeowner. After a person suffers an injury in New Jersey, they are generally given two years from the time of the accident to file a claim. However, if the injury occurred on the property of a public entity such as New Jersey Transit, a city, county, or the State of New Jersey, the injured party only has 90 days to file a special claim called a TORT claims notice. It is important to note that there are certain requirements that need to be met before pursuing a claim, and if proper notice is not filed on time, the case will be dismissed. Garry R. Salomon, Esq., is a partner at Davis, Saperstein & Salomon P.C., a Premier Supporter of ANJC. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. If you have any questions, feel free to reach out to Garry by calling 201-907-5000, or by emailing garry@dsslaw.com. Who is Responsible for Your Winter Slip-and-Fall Injury? By Garry R. Salomon Functional Endocrinology Connecting New Research With Practical Applications™ 2-Day Seminar February 9-10, 2019 New York, NY For more info, call (800) 736-4381 or visit apexseminars.com The NCMIC Malpractice Insurance Plan is underwritten by NCMIC Insurance Company. In the states of Florida and New York, the NCMIC Malpractice Insurance Plan is issued by NCMIC Risk Retention Group, Inc. Policy terms may vary by state law. We Take Care of Our Own is a registered service mark of NCMIC Group, Inc. and NCMIC Risk Retention Group, Inc. ©2018 NCMIC NFL 3112 Find out more at www.ncmic.com/discounts Discounts with NCMIC are better than ever! New practitioners receive up to value in chiropractic malpractice insurance BEST BETTER new practitioner discounts news! GOOD 80% off