What Should I Do If I'm Injured in a Slip and Fall at a Store in New Jersey?
If you're injured in a slip and fall at a store in New Jersey, take these steps:
- Report the fall to a manager or employee before you leave.
- Ask for a copy of the incident report, or at minimum the report number.
- Photograph the hazard that caused your fall before it’s cleaned up.
- Get names and contact information for any witnesses.
- Seek medical care, even if you feel okay immediately afterward.
- Don't give a recorded statement to the store's insurance company before speaking with an attorney.
The sections below explain what you'll need to prove, and what the store may argue in response.
What Do You Have to Prove in a NJ Slip and Fall Case?
A New Jersey slip and fall claim generally requires proving four things: the store owed you a duty of care (which is typically the case for customers, who are legally considered "invitees"); the store had notice of the hazard that caused your fall; the store breached its duty by failing to fix or warn about that hazard within a reasonable time; and that breach of the duty actually caused your injury. Of these four elements, notice is usually the one most heavily disputed.
What Is "Notice" and Why Does It Matter?
Notice means the store knew, or should have known, about the hazard before you fell. New Jersey law recognizes two kinds: actual and constructive notice.
- Actual notice means an employee directly saw the hazard or was told about it, for example, if a customer reported a spill or an employee caused it.
- Constructive notice means the hazard existed long enough that the store should have discovered it through a routine, reasonable inspection, even without direct knowledge of that specific spill or defect.
In many contested cases, there's a separate concept called the "mode of operation" rule, which can apply to self-service stores (like supermarkets) where the store's own way of doing business predictably creates hazards, such as dropped produce or spilled drinks. In these situations, a court may not require you to prove the store knew about the exact hazard, since the risk was inherent to how the store operates.
Does It Matter If the Store Has Video of the Fall?
Yes, and timing matters a great deal here. Surveillance footage can directly show how long a hazard existed before your fall (supporting constructive notice), whether an employee was nearby, and exactly how the fall happened. The problem is that many stores' surveillance systems automatically overwrite footage after a set period of time, sometimes as short as a week. Once that footage is rewritten, it's generally gone for good. This is one of the main reasons it's worth contacting an attorney soon after a fall, so a preservation request can be sent to the store before the relevant footage is recorded over.
Common Store/Property Owner Defenses
Some of the common defenses that the store will argue are:
- "Open and obvious" hazard: Arguing the danger was so apparent that you should have seen and avoided it
- Comparative negligence: Arguing you were distracted, not watching where you were walking, or otherwise contributed to your own fall
- No prior notice: Arguing the store had no actual or constructive notice of the hazard before you fell
Frequently Asked Questions
What if there was no wet floor sign?
The absence of a warning sign can support your claim, but it isn't decided by itself; you'll still generally need to show the store had notice of the hazard and failed to address it within a reasonable time.
Do I need a witness?
A witness can strengthen your claim, particularly on disputed facts like how the fall happened or how long a hazard was present, but a claim isn't automatically defeated without one. Surveillance footage, photos, and incident reports can also support a claim.
What if the store says I was on my phone?
This is a common comparative negligence argument. Under New Jersey law (N.J.S.A. 2A:15-5.1), you can still recover compensation as long as your own fault is not 51% or more, though your award would be reduced by your percentage of fault.
Does it matter if I was a customer versus just passing through the store?
Yes, generally. Customers are typically owed the highest duty of care as "invitees." People on the property for other reasons, such as trespassers, are owed a lesser duty, which can affect what needs to be proven.
How long do I have to file a slip and fall claim in NJ?
Slip and fall claims generally fall under New Jersey's two-year personal injury statute of limitations (N.J.S.A. 2A:14-2), running from the date of the fall. If the property involved is government-owned, a much shorter 90-day notice deadline may apply instead.
What if I fell in a parking lot instead of inside the store?
Store owners and property managers generally owe similar duties for adjacent areas they control, like parking lots and sidewalks, though who is legally responsible for maintenance (the store, a landlord, or a separate property management company) can vary and is worth investigating.
If you've been hurt and have questions about your rights, contact Levinson Axelrod, P.A. for a free, no-obligation case review.
.avif)