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Premises Liability

Slip and Fall Accidents in NJ: Know Your Rights

By Jessie Dogan • Dogan Law Firm • New Jersey

Nobody expects to get seriously hurt walking into a grocery store or crossing a parking lot. But slip and fall accidents send thousands of New Jersey residents to the emergency room every year. Broken hips, fractured wrists, head injuries, torn ligaments. These aren't minor inconveniences. The CDC reports that falls are the leading cause of injury for adults over 65, and they're not far behind for younger adults either.

When Is the Property Owner Responsible?

In New Jersey, property owners must keep their premises reasonably safe for visitors. You have to show the property owner either created the hazard, knew about it and failed to fix it, or should have known about it through reasonable inspection. For a broader look at property owner duties, see our premises liability guide.

The "should have known" part is where many cases are won or lost. If a spill happened ten seconds before you walked through it, the store probably didn't have time to clean it. But if that same spill sat for an hour during business hours, there's a strong argument that employees should have found it during routine checks.

What Evidence Matters

Surveillance video is often the single most important piece of evidence. Most commercial properties have cameras, and the footage can show how long a hazard existed. The problem is that video gets overwritten regularly. Getting a preservation letter out quickly is critical.

Incident reports, maintenance logs, inspection schedules, and records of prior complaints about the same hazard are also useful. If three other people reported the same broken handrail before you fell, that strengthens your case considerably. Learn more about the damages you can recover in these cases.

Filing Deadlines

The statute of limitations for slip and fall cases in New Jersey is generally two years from the date of the accident. If you fell on government property, the timeline is much shorter: you need to file a tort claim notice within 90 days.

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