Key Takeaways
- Business owners must keep their public spaces reasonably free of hazards for customers.
- Fault often depends on how long a dangerous condition existed before the fall.
- Quick evidence and prompt medical treatment can strengthen a claim from the start.
A store or restaurant in South Jersey can be held liable for a slip and fall when a property owner or employee knew about a dangerous condition, such as a wet floor, loose mat, or cracked pavement, and failed to fix it or warn customers in a reasonable amount of time. New Jersey law asks whether the owner used reasonable care to keep the property safe. If not, an injured customer may have grounds for a claim, and a South Jersey slip and fall attorney can help.
A Business Owner’s Duty to Keep Customers Safe
The CDC claims that one in four older adults report falling every year. That is a good argument for why store and restaurant owners across Ocean and Monmouth County owe customers reasonable care. For instance, they must inspect floors, clean up spills quickly, and repair broken handrails before someone gets hurt.
Proving the Hazard and That the Owner Should Have Known
Proving a claim means showing the hazard existed long enough that a reasonable owner should have noticed it. To determine this, courts review evidence like surveillance footage, cleaning logs, and staff schedules to build a timeline: For example, a jar breaking in a grocery store aisle that sat unattended for twenty minutes before a customer was injured. An experienced grocery store slip and fall lawyer in New Jersey could use that timeline to establish fault.
Evidence to Gather Right After a Fall
Strong evidence protects a claim from day one, since memories fade and stores clean up hazards fast. Examples of this include photos of the hazard from several angles, names and phone numbers of witnesses, the shoes and clothing worn during the fall, an incident report filed with the manager, and medical records from the doctor visit. A South Jersey slip and fall lawyer can request surveillance footage before it gets erased.
Common Defenses Businesses Use and How Attorneys Respond
Businesses often argue the hazard was open and obvious, meaning a customer should have seen and avoided it, or that it existed only briefly before the fall. Some claim the customer was not paying attention. When these defenses come up, a slip and fall injury lawyer New Jersey clients trust knows how to obtain and leverage video footage, interview witnesses, and review maintenance records to prove a claimant’s case.
Frequently Asked Questions
Does a Store Have to Intend to Cause Harm to Be Liable?
No, intent is not required. A claim only needs to show the owner failed to use reasonable care to fix or warn about a known hazard.
How Long Is the Deadline to File a Claim in New Jersey?
Most personal injury claims must be filed within two years of the fall. Missing this deadline can mean losing the right to seek compensation.
What If the Injured Customer Was Partly Distracted During the Fall?
New Jersey follows a modified comparative negligence rule, so compensation may be reduced by the customer’s share of fault. Recovery is still possible as long as that share is below 51 percent.
Injured by a Preventable Hazard? Our Skilled South Jersey Slip and Fall Accident Lawyers at Kitrick, McWeeney & Wells, LLC Will Fight for You
After a serious injury at a local store or restaurant, contact our South Jersey slip and fall accident lawyers at Kitrick, McWeeney & Wells, LLC. Call 732-920-8383 or complete our online form today for a free consultation. We have offices in Manasquan and Brick, NJ, and serve clients in the surrounding area.