Injured While Visiting a New Jersey Business? How to Pursue a Premises Liability Claim

Accidents are an unfortunate part of life, but when you’re injured on a commercial property in New Jersey, it’s essential to understand your legal rights. Whether it’s a slip on a slick floor, a trip over uneven carpeting, or a fall caused by other hazardous conditions, business owners may be held responsible for failing to maintain a safe environment. Pursuing a premises liability claim holds a negligent commercial property accountable and enables you to secure the compensation you’re seeking.  

Here’s a guide to navigating your claim and protecting your rights after a slip/trip and fall on commercial property in New Jersey.

Understanding Premises Liability in New Jersey

Premises liability is a legal concept that holds property owners and operators/managers responsible for maintaining safe conditions for visitors. If they fail to eliminate hazards or warn patrons about potential dangers, they can be held liable for injuries sustained caused by those hazards. Common examples of premises liability cases include:

• Slip/Trip and Fall Accidents: Wet floors, uneven surfaces, or poorly lit walkways can lead to slips, trips, and falls.
• Falling Objects: Items falling from shelves or displays can cause serious harm.
• Inadequate Security: Poor lighting, broken locks, or lack of security personnel can lead to injuries caused by third parties.
• Structural Hazards: Issues like broken staircases, loose railings, or potholes in parking lots can result in severe injuries.

Steps to Take After a Slip and Fall Accident

If you’ve been injured while visiting a New Jersey business, taking the following steps can strengthen your premises liability claim:

• Seek Medical Attention Immediately: Your health should be your top priority. Get a thorough medical evaluation to document your injuries.
• Report the Incident: Notify the business owner or manager about the accident. Request a copy of any incident report they complete.
• Gather Evidence: Take photos or videos of the hazardous condition that caused your accident, such as a wet floor or uneven pavement.
• Identify Witnesses: Collect contact information from anyone who witnessed your accident or the unsafe condition.
• Preserve Documentation: Keep records of medical bills, lost wages, and other expenses related to your injury.
• Contact a Personal Injury Lawyer: An experienced personal injury lawyer can help you navigate the legal process and fight for the compensation you’re seeking. 

How to Prove a Premises Liability Claim

To successfully pursue a premises liability claim, you and your personal injury lawyer must prove the following elements:

Duty of Care

Property owners in New Jersey have a duty to maintain reasonably safe conditions for visitors. The level of care owed depends on the type of visitor:

• Invitees: Customers or clients invited onto the property for business purposes are owed the highest duty of care.
• Licensees: Social guests or visitors for non-business purposes are also owed a reasonable level of care.
• Trespassers: Property owners owe limited care to trespassers but must avoid willfully causing harm.

Breach of Duty

You must show that the property owner knew or should have known about a dangerous condition on the property and failed to eliminate or warn you about it. For example:

• Did they neglect to clean up a spill promptly?
• Were there no warning signs near a known hazard?
• Did they fail to perform routine inspections, maintenance or repairs?

Causation

You need to prove that the owner’s negligence directly caused your injury. Medical records, witness statements, and surveillance footage can help establish this connection.

Damages

Finally, you must demonstrate the extent of your losses, such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of enjoyment of life’s activities
• Property damage

Common Defenses in Premises Liability Cases

Property owners and their insurers often attempt to deny or minimize liability. Common defenses include:

• Modified Comparative Negligence: Arguing that you were partially responsible for the accident, such as not paying attention to warning signs.
• Open and Obvious Danger: Claiming that the hazardous condition was so obvious that you should have avoided it.
• No Prior Knowledge: Stating that they were unaware of the hazard and therefore couldn’t address it in time.

In New Jersey, the modified comparative negligence rule allows you to recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

Why You Need a Personal Injury Lawyer

Premises liability claims can be complex, requiring a thorough investigation, detailed evidence, and legal skill. An experienced personal injury lawyer can:

• Assess the merits of your case.
• Gather crucial evidence to support your claim.
• Handle negotiations with insurance companies to maximize your settlement.
• Represent you in court if a fair settlement cannot be reached.

With the help of an experienced slip/trip and fall accident claim attorney, you are better equipped to navigate the legal process and achieve a favorable outcome.

Compensation You May Be Entitled To After a Slip and Fall Accident on a Commercial Property

If your premises liability claim is successful, you may recover compensation for:

• Medical Bills: Including emergency care, surgeries, physical therapy, and medication.
• Lost Income: Wages lost due to missed work, as well as diminished earning capacity.
• Pain and Suffering: Non-economic damages for physical pain, suffering, disability and impairment.
• Loss of Enjoyment of Life’s Activities: The impact your permanent injury has on your enjoyment of your life’s activities.
• Other Expenses: Costs such as transportation to medical appointments or home modifications to accommodate your injuries.

FAQ: Filing a Slip and Fall Claim Against a Commercial Property in New Jersey

1. What if the hazard was temporary, like a spill that had just occurred?

Temporary hazards can still lead to liability if the property owner or staff failed to address the issue within a reasonable timeframe. Your lawyer can investigate whether proper protocols were in place.

2. Are there special considerations for filing a claim against a large corporation or chain business?

Yes, claims against large corporations may involve more complex procedures, including dealing with corporate legal teams and insurers. An experienced personal injury lawyer can navigate these challenges effectively.

3. How does surveillance footage impact my claim?

Surveillance footage can provide crucial evidence to support your case by showing how the accident occurred or proving the existence of a hazard. Promptly requesting that this footage be preserved is essential, as it may be erased or overwritten after a short period.

4. Can I sue if the accident happened in a parking lot?

Yes, parking lots are considered part of the commercial property, and owners are responsible for maintaining them. Hazards such as potholes, uneven surfaces, poor lighting, or icy conditions can form the basis of a premises liability claim.

5. What is the statute of limitations for filing a slip and fall claim in New Jersey?

In New Jersey, the statute of limitations for an adult to file a slip/trip and fall accident claim is typically two years from the date of the incident. Failing to file within this timeframe will result in losing your right to seek compensation. That is why it is crucial to act quickly.

Injured in a Slip and Fall Accident at a Commercial Property in New Jersey? Call Hartman Duff to File a Personal Injury Claim 

If you’ve been injured while visiting a New Jersey business, don’t face the legal process alone. Contact Hartman Duff to speak with an experienced personal injury lawyer who will fight for your rights and help you pursue a premises liability claim. 

Call us today at 609-853-5579 to schedule your free case evaluation and take the first step toward recovering the compensation you’re seeking for your injuries. We represent clients in Hamilton, Toms River, South Brunswick, and throughout New Jersey. 

Your future starts with the right legal team—call Hartman Duff now!

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.