Slip and Fall and Trip and Fall Accidents in New Jersey

New Jersey Slip and Fall Attorney

A serious fall can happen without warning and leave you with injuries that take weeks, months, or longer to heal: broken bones, head injuries, back and spinal damage that disrupts your ability to work and live your life. When that fall happened because a property owner failed to maintain safe conditions, it is not just an accident. It is a preventable harm that someone else is responsible for. At the Law Office of David H. Kaplan, we represent slip and fall and trip and fall victims throughout New Jersey and fight to hold negligent property owners accountable.

What Is Premises Liability?

Slip and fall and trip and fall claims fall under a legal theory called premises liability. Under New Jersey law, property owners and occupiers have a duty to maintain their premises in a reasonably safe condition and to warn visitors of known hazards. When they fail to meet that duty and someone is injured as a result, the property owner may be held liable for the victim’s damages.

Premises liability claims can arise on many types of properties, including retail stores, restaurants, grocery stores, office buildings, parking lots, sidewalks, apartment complexes, and government-owned properties.

Common Causes of Slip and Fall and Trip and Fall Accidents

Dangerous conditions that commonly cause fall accidents include:

• Wet or slippery floors without adequate warning signs

• Uneven or broken pavement, sidewalks, or flooring

• Broken or defective stairs or handrails

• Loose carpeting or flooring

• Poor or inadequate lighting

• Snow and ice that has not been cleared in a reasonable time

• Potholes or surface defects in parking lots

• Debris or obstacles left in walkways

• Hidden hazards such as raised thresholds or unmarked changes in floor level

Proving a Slip and Fall Claim in New Jersey

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

• The property owner owed you a duty of care

• A dangerous condition existed on the property

• The property owner knew or should have known about the dangerous condition and failed to correct it or provide adequate warning

• The dangerous condition caused your fall and resulting injuries

• You suffered actual damages as a result

The property owner’s knowledge of the hazard is often the central issue in slip and fall cases. Evidence such as incident reports, surveillance footage, maintenance records, and witness testimony can be critical to establishing that the owner knew or should have known about the condition.

Slip and Fall on Government Property

If your fall occurred on government-owned property, such as a public sidewalk, a municipal building, a state facility, or a public school, your claim is governed by the New Jersey Tort Claims Act. This law imposes strict procedural requirements, including filing a notice of tort claim within 90 days of the accident. Missing this deadline will almost certainly bar your claim. Contact an attorney immediately if you were injured on public property.

New Jersey’s Comparative Negligence Rule

Property owners frequently argue that the injured person was partially at fault, for example, by not paying attention or wearing inappropriate footwear. Under New Jersey’s modified comparative negligence rule, you can still recover compensation as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of fault. An experienced attorney can help counter arguments that you were responsible for your own fall.

What Compensation Can You Recover?

If you were injured in a slip and fall or trip and fall accident caused by a property owner’s negligence, you may be entitled to recover:

• Medical expenses including future treatment and rehabilitation

• Lost wages and loss of earning capacity

• Pain and suffering

• Permanent disability or disfigurement

• Emotional distress

• Loss of enjoyment of life

What Is the Statute of Limitations for Slip and Fall Claims in New Jersey?

In most cases you have two years from the date of the accident to file a personal injury lawsuit. For claims against government entities, the 90-day notice of tort claim requirement applies in addition to the two-year statute of limitations. Do not delay. Evidence disappears quickly and witness memories fade.

Frequently Asked Questions

What should I do immediately after a slip and fall accident?

Report the incident to the property owner or manager and request that an incident report be completed. Seek medical attention immediately even if you feel your injuries are minor. Symptoms from serious injuries such as concussions and soft tissue damage can appear hours or days later. Photograph the hazardous condition before it is cleaned up or repaired. Collect contact information from any witnesses. Then contact an attorney before giving any recorded statements to the property owner’s insurance company.

What if the property owner says they did not know about the hazard?

The standard is not just actual knowledge. It is also constructive knowledge. If the hazardous condition existed long enough that a reasonable property owner exercising ordinary care should have discovered and corrected it, that may be sufficient to establish liability even without proof of actual knowledge.

What if I fell on a public sidewalk?

Sidewalk liability in New Jersey depends on where the sidewalk is located and who is responsible for maintaining it. Commercial property owners generally have a duty to maintain sidewalks adjacent to their property. Claims against municipalities involve the Tort Claims Act and the 90-day notice requirement. The analysis can be complex. Contact an attorney as soon as possible.

Does it matter that I did not see a wet floor sign?

The absence of adequate warning of a known hazard is itself evidence of negligence. If a property owner knew about a slippery condition and failed to either correct it or post adequate warnings, that failure supports your claim.

What if I was partially at fault for the fall?

New Jersey’s comparative negligence rule allows you to recover as long as you were not more than 50% at fault. Even if the property owner argues you share some responsibility, you may still be entitled to significant compensation. Do not assume a partial fault argument bars your claim without consulting an attorney.