Can I Sue After Slipping in a Store in New Jersey?

A slip and fall accident in a New Jersey store can lead to serious injuries and financial burdens. Understanding your legal rights and the requirements for proving negligence is essential to seeking compensation. If you’re wondering whether you can sue after slipping in a store, continue reading and contact a Warren County slip & fall lawyer today.

What is a Slip and Fall Accident?

A slip and fall accident occurs when a person is injured after slipping, tripping, or falling due to a dangerous or hazardous condition on someone else’s property. These accidents can occur in various locations, including private residences, grocery stores, department stores, parking lots, or on sidewalks.

The underlying cause is typically an unexpected hazard, such as wet floors without warning signs, loose flooring, uneven walkways, poor lighting, or obstructions in aisles. Sustaining a fall, especially on a hard surface, can result in a wide range of injuries. Common injuries include:

• Broken bones and fractures
• Sprains, strains, and tears to muscles, ligaments, and tendons
• Head injuries, including concussions and traumatic brain injuries (TBIs)
• Back and spinal cord injuries
• Soft tissue damage

In addition to physical pain, a slip and fall incident can cause significant losses. These may include the cost of medical treatment, ambulance rides, hospital stays, physical therapy, and necessary rehabilitative care.

Can I Sue After Slipping in a Store in NJ?

Yes, generally you can sue a store or property owner after slipping and falling in New Jersey, but the success of your lawsuit relies on proving negligence under the state’s premises liability laws.

In New Jersey, a property owner or store operator owes a duty of care to invited guests, which includes customers, to maintain the premises in a reasonably safe condition and warn them of known dangers. To win a slip and fall case, you must typically prove the following elements:

1. Duty of care: The store owed you a duty of care as a customer to maintain a reasonably safe environment.
2. Breach of duty: The store breached that duty by creating a dangerous condition or failing to fix or warn about an existing hazard. You must be able to show that the store owner or an employee either knew about the dangerous condition, should have known about it, or that they created the hazard themselves.
3. Causation: The dangerous condition was the direct cause of your slip and fall accident and resulting injuries.
4. Damages: You suffered measurable losses, like the medical costs and pain mentioned previously.

If you can gather evidence establishing the four elements of negligence, you can win your case and recover compensation for your damages.

What is Comparative Negligence?

It’s important to note that if the store can show that you were significantly at fault for the accident, like if you were distracted or ignored clear warnings, your potential compensation may be reduced or eliminated under New Jersey’s modified comparative negligence rule. All parties will be assigned a percentage of fault, and if yours is 51% or more, you will be barred from recovering damages.