Slip and Fall Accidents in New Jersey: Premises Liability Explained

© 2024 Ibrahim Ahmed Law Group, P.C. All Rights Reserved. Original content — unauthorized reproduction prohibited.

When you are injured on someone else's property — whether a store, restaurant, office building, or private residence — you may have a claim for premises liability. New Jersey law imposes a duty on property owners to maintain their premises in a reasonably safe condition for lawful visitors.

The Duty of Care

New Jersey uses an "invitee/licensee/trespasser" framework to determine the duty of care owed by a property owner. Business invitees (customers, clients) are owed the highest duty — the owner must exercise reasonable care to inspect the property and correct or warn of known and discoverable hazards. Social guests (licensees) are owed a duty to warn of known hazards. Trespassers are generally owed only a duty to refrain from willful or wanton conduct.

What You Must Prove

To recover in a premises liability case, you must generally prove:

1. The defendant owned, occupied, or controlled the property
2. A dangerous condition existed on the property
3. The defendant knew or should have known about the condition
4. The defendant failed to repair the condition or warn of it
5. The dangerous condition caused your injury
6. You suffered damages as a result

The Notice Requirement

One of the most contested issues in slip and fall cases is notice — did the property owner know (or should they have known) about the dangerous condition? Evidence of notice includes: prior complaints or incident reports; the length of time the condition existed; the nature of the condition (a recurring problem vs. a sudden spill); and the property owner's inspection and maintenance records.

Comparative Negligence

New Jersey follows modified comparative negligence. If you are found to be more than 50% at fault for your own injury, you cannot recover. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. Insurance companies routinely argue that the injured party was partially at fault — an experienced attorney can counter these arguments effectively.

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