Slip and Fall Accidents in New Jersey: Proving Liability

Slip and Fall Accidents in New Jersey

Slip and fall accidents can cause serious injuries — broken bones, traumatic brain injuries, spinal damage, and more. But winning a slip and fall case in New Jersey requires proving that the property owner was negligent.

The Legal Framework: Premises Liability

Property owners in New Jersey have a duty to maintain their premises in a reasonably safe condition for lawful visitors. Invitees — customers and business visitors — are owed the highest duty of care; the owner must inspect for and repair or warn of known and discoverable hazards. Licensees — social guests — must be warned of known hazards. Trespassers are owed only a minimal duty; generally the owner must refrain from willful or wanton conduct.

Elements of a Slip and Fall Claim

To prevail, you must prove that a dangerous condition existed on the property, the owner knew or should have known about the condition through actual or constructive notice, the owner failed to fix or warn about the condition, and the dangerous condition caused your fall and injuries.

Constructive Notice

The most contested issue in slip and fall cases is often whether the owner had constructive notice — whether the condition existed long enough that a reasonable inspection would have discovered it. Evidence of constructive notice includes surveillance footage showing how long the hazard existed, maintenance logs showing the area had not been inspected, and witness testimony about the condition's duration.

Comparative Negligence

New Jersey follows a modified comparative negligence rule. If you are found more than 50% at fault for your own fall, you cannot recover. If you are less than 50% at fault, your damages are reduced proportionally.

Evidence to Preserve

Photograph the hazard and your injuries immediately, report the incident to the property owner and get a copy of the incident report, identify and get contact information for witnesses, preserve the shoes and clothing you were wearing, and seek medical attention immediately.

This article is for general informational purposes only and does not constitute legal advice.