New Jersey Foreign Substance Claims
What Is a Transitory Foreign Substance?
Put quite simply, a transitory foreign substance is a substance, item, or object located where it does not belong.
Examples of transitory foreign substances include the following:
- Liquid spills on the floor of a business
- Grease spots in a parking lot
- Fruit peels somewhere on the floor
How Do Foreign Substances Affect Premises Liability Claims?
This term was first defined by the Supreme Court of Florida in 2001 when the court held that the existence of a transitory foreign substance was enough to presume the premises owner and/or operator had not exercised reasonable care in maintaining their premises. This helped alleviate the burden on the plaintiff to prove the negligence of the defendant in a claim. However, the following year, the Florida Legislature enacted a new section that shifted the burden back to the injured party by essentially overruling the 2001 decision.
75+ Years of Legal Experience in Your Corner
In cases involving foreign substances, it is critical you prove the defendant had received notice of the dangerous condition and they failed to either warn visitors of the problem or remedy the situation. We’ve handled cases such as this before; we know the steps to take and can walk you through the claim from beginning to end. If you or someone you love was injured in a premises liability accident that involved slipping on a foreign substance, it is critical that you get the involvement of a knowledgeable personal injury attorney who can look out for your best interests. At Levinson Axelrod, P.A., we have the legal expertise that you can trust; in fact, we have more than 75 years of legal experience and have recovered more than $1 billion on behalf of our clients.
Learn more about how our legal team can help you by calling us at (732) 440-3089 for a free consultation.