Slip and fall accidents are a common cause of injuries in retail stores, often leading to damages like medical bills, lost wages, and pain and suffering for victims. When a slip and fall occurs, one of the first questions is: who is responsible? In New Jersey, the answer depends on the circumstances of the accident and whether the store owner or operator acted negligently in maintaining a safe environment for customers.

Retail store owners in New Jersey have a legal obligation to keep their premises reasonably safe for visitors. This includes addressing potential hazards such as wet floors, uneven surfaces, and poorly maintained walkways. However, proving liability in a slip and fall case isn’t always straightforward. Victims must demonstrate that the store owner’s negligence caused their injury, which often requires careful documentation and legal expertise.

We discuss how the legal system works for slip and fall liability in New Jersey, the types of evidence needed to build a strong case, and what injured individuals should do after an accident. If you’ve been injured in a retail store, understanding your rights is important for pursuing fair compensation.

Brandon J. Broderick, Attorney at Law has a team of experienced NJ slip and fall lawyers who can help you get the compensation you need to be whole again.

The Legal Standard for Premises Liability in New Jersey

Duty of Care

Under New Jersey law, property owners and operators owe a "duty of care" to people who enter their premises. For retail stores, this means taking reasonable steps to ensure the safety of customers, who are considered "invitees" under the law. Invitees are individuals who enter a property for the mutual benefit of both parties, such as shoppers in a retail store.

Breach of Duty

To establish liability in a slip and fall case, the victim must show that the store owner or operator breached their duty of care. Common examples of breaches include:

• Failing to clean up spills in a timely manner.
• Not addressing icy or slippery entryways.
• Allowing clutter or debris to block walkways.
• Failing to fix uneven flooring or damaged tiles.
• Neglecting to warn customers about known hazards, such as using a "Caution: Wet Floor" sign.

Comparative Negligence in New Jersey

New Jersey follows a comparative negligence rule, meaning that a plaintiff’s compensation may be reduced if they are found partially at fault for their injury. For example, if a customer ignored a visible warning sign and slipped, they might share some responsibility for the accident. Under New Jersey law, a plaintiff can recover damages as long as they are not more than 50% at fault.

Proving Liability in a Slip and Fall Case

To hold a retail store liable for a slip and fall accident, the injured party must prove:

1. The Existence of a Hazard

There must be a dangerous condition that caused the slip-and-fall, such as a wet floor, spilled product, or uneven surface. Photographs of the hazard taken immediately after the accident can be invaluable evidence.

2. Knowledge of the Hazard

The victim must show that the store owner or employees knew or should have known about the dangerous condition. This is often demonstrated by:

• Actual Knowledge: Evidence that the store owner or employees were directly aware of the hazard, such as a customer reporting a spill.
• Constructive Knowledge: Proof that the hazard existed long enough that a reasonable owner or employee should have noticed and addressed it. Surveillance footage and cleaning logs can help establish this.

3. Failure to Address the Hazard

Once a hazard is identified, the store has a reasonable amount of time to correct it. If they fail to do so, this may constitute negligence.

4. Injury and Damages

The victim must provide evidence of their injuries and resulting damages, such as medical bills, lost income, and pain and suffering. Medical records, wage statements, and expert testimony can strengthen a claim.

Steps to Take After a Slip and Fall Accident

If you’re injured in a retail store, taking the following steps can help protect your rights and strengthen your case:

1. Report the Incident: Notify the store manager or supervisor immediately and ensure the accident is documented in an incident report.
2. Gather Evidence: Take photos of the scene and hazard that caused the accident, your injuries, and the surrounding area. Collect contact information from witnesses, if any.
3. Seek Medical Attention: Visit a doctor as soon as possible to document your injuries and receive necessary treatment.
4. Preserve Records: Keep copies of medical bills, receipts, and any correspondence with the store or their insurance company.
5. Contact an Attorney: A personal injury attorney can help you navigate the legal process, gather evidence, and negotiate with insurers to ensure you receive fair compensation.

Common Defenses in Slip and Fall Cases

Retail stores often raise defenses to avoid liability for slip and fall accidents. Some common arguments include:

• Lack of Notice: Claiming the store didn’t know about the hazard and didn’t have enough time to address it.
• Open and Obvious Hazard: Arguing that the hazard was clearly visible and should have been avoided by the plaintiff.
• Plaintiff Negligence: Alleging that the plaintiff’s actions, such as not paying attention or wearing inappropriate footwear, contributed to the accident.

An experienced personal injury attorney can counter these defenses by presenting strong evidence and legal arguments.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey slip and fall claims can be challenging. Fortunately, you don't need to do it alone. The experienced slip and fall lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.