A Guide to New Jersey Slip and Fall Claims and Lawsuits

"What do I have to prove to win a New Jersey slip and fall case?"

If that question—or something like it—is what brought you here, you're in the right place. We'll walk you through the basics of a New Jersey insurance claim or slip and fall lawsuit to recover compensation ("damages") for your injuries.

We begin with the elements of a New Jersey slip and fall claim, focusing most of our attention on the issue of fault—who's legally responsible for your injuries. We'll also touch on the lawsuit-filing deadline, defenses the landowner might raise, and much more.

The Elements of a New Jersey Slip and Fall Case

Nearly all New Jersey slip and fall (and trip and fall) cases are grounded in the law of negligence, meaning a failure to act as carefully as the circumstances require. Under New Jersey slip and fall law, landowners and other occupiers have a legal duty to make their property reasonably safe for known or foreseeable visitors.

But there's a catch: Legal duty is almost always a two-way street. As a visitor to someone else's property, you also have a legal duty to look out for your own safety. Neglect that duty and it can reduce the value of your slip and fall claim, or wipe your claim out completely.

To succeed in a New Jersey slip and fall case, you must prove that:

• the landowner owed you a duty of care
• the landowner breached, or failed to meet, that duty of care
• you suffered an injury, and
• your injury was caused by the landowner's failure to meet the duty of care.

The first two elements—duty of care and breach of that duty—are what the law calls negligence. In a typical slip and fall case, legal responsibility comes down to whose negligence caused the accident. Most often, you point the finger at the defendant (the party you're suing), and the defendant turns around and points right back at you.

(Learn more about slip and fall claims on government property, at a business, and at a private residence.)

What Is a Duty of Care?

The duty of care is a legal standard—a rule that explains what a landowner should do to be reasonably sure their property is safe for visitors. It's a way of saying to a landowner "To avoid legal responsibility for injuries that happen on your property, these are the minimum steps you must take."

In New Jersey slip and fall cases, a duty of care arises when:

• there's a dangerous condition on the property that poses an unreasonable risk of harm to others, and
• the landowner knows (or in some cases, the landowner should know) about the danger.

Relationships Define the Duty of Care

Historically, New Jersey courts have said that a landowner's duty of care usually is determined by the relationship, if any, between the landowner and the visitor. New Jersey law recognizes three categories of visitors: Trespassers, invitees, and licensees.

Trespassers. A trespasser enters a property without permission, or after permission to be there expired or was revoked.

Duty owed to trespassers. Generally speaking, the only duty New Jersey landowners owe to trespassers is to refrain from willful misconduct that might cause harm. Negligence, without more, typically won't result in liability.

New Jersey courts have recognized two important exceptions to this no liability rule. First, when an artificial (human- made) condition on the land creates an unreasonable risk of death or serious injury, the landowner has a duty to warn trespassers about it.

Second, like most states, New Jersey has special rules to protect trespassing children who are drawn to a property by what the law calls an "attractive nuisance." An attractive nuisance is something like a swimming pool, a trampoline, or abandoned vehicles or construction equipment that children often find irresistible. When a landowner knows that their property presents an attractive nuisance, they must take reasonable steps (like fencing the property) to keep trespassing children safe.

Invitees. An invitee (also called a "business invitee") is a visitor who enters a property with the owner's permission. Both the invitee and the landowner benefit from the invitee's presence, but the landowner often derives a financial or other valuable benefit from an invitee's visit. Store customers, for example, are invitees. So are patients at a medical building, theater guests, and restaurant patrons.

Duty owed to invitees. A landowner who has actual or constructive knowledge of a dangerous condition creating an unreasonable risk of harm that's unknown to an invitee must either warn of the condition or fix it. Actual knowledge, of course, looks to what the landowner actually knew about the existence of a danger.

Constructive knowledge, by contrast, asks what the property owner should have known about a dangerous condition, had they bothered to find out. Landowners must periodically inspect their property for dangers, and will be charged with knowledge of hidden conditions that such an inspection would reveal.

Most often, a landowner isn't responsible for injuries caused by conditions that are known to the invitee or that create open and obvious (discussed below) dangers. For example, if an owner warns invitees about some hidden danger, they've satisfied their legal duty and aren't required to take additional steps to make the condition safe.

Licensees. A licensee visits a property with the owner's permission, but for a purpose that mostly benefits the licensee or some business that employs them. Social guests and visiting relatives are licensees, as are delivery drivers or a computer repair technician.

Duty owed to licensees. An owner who has actual knowledge of a dangerous condition posing an unreasonable risk of harm that's unknown to a licensee must either warn about the danger or remedy it. In the case of a licensee, only actual knowledge will do. Constructive knowledge isn't enough.

As with invitees, a landowner isn't responsible for injuries resulting from known or obvious dangers.

Proving the Landowner's Negligence

To win damages, you must prove that the landowner was negligent. You start by showing there was a dangerous condition on the property that created an unreasonable risk of harm. From there, you must prove that the landowner knew (or in the case of invitees, the landowner knew or should have known) about the danger.

Examples of dangerous conditions. Here are some examples of dangerous conditions that often create an unreasonable risk of harm:

• uneven surfaces caused, for example, by something like a crack or break in the pavement or walk
• loose or easily movable surface material such as gravel, rocks, or sand
• wet, slushy, snowy, or icy walkways
• stair runs or risers that are larger or smaller than what's typically required by building or safety codes
• torn, frayed, or unsecured carpets or rugs
• accumulations—natural or artificial—of water, snow, or ice
• foreign substances like liquids, foods, or other slipping or tripping hazards on floors
• aisles or walkways occupied or partially blocked by temporary product displays
• tools or equipment left in aisles or walkways
• products spilled on store aisles
• inadequate lighting
• missing or defective railings, handrails, or guardrails, and
• things hanging from shelves or ceilings.

The landowner knew of the danger. A landowner can't be expected to warn about or fix dangerous conditions when the landowner isn't aware of them. Proving that the landowner had notice of the condition is essential to a slip and fall claim. Without notice, the landowner has no duty of care. In most cases, the landowner will deny having notice of the danger.

For cases involving licensees, only the landowner's actual knowledge of a dangerous condition will suffice. Proving what a landowner actually knew can be a challenge. Here's some of the evidence you might look for.

• Prior incident reports and complaints, documenting earlier encounters with the condition.
• Maintenance records, showing prior efforts to deal with the condition.
• Inspection reports from government agencies, recording prior infractions or safety violations related to the condition.
• Surveillance photos or videos, to prove how the condition came to be and how long it had existed.
• Testimony from others who saw the dangerous condition, to find out what they saw and what, if anything, they reported to the landowner.
• Emails, text messages, and other communications indicating that the dangerous condition was known to the landowner or its agents.
• Testimony from the landowner and the landowner's agents, to find out what they knew about the condition and when they knew it.
• Expert witness testimony, which can help to establish, for example, how long a substance likely had been on the floor before you fell on it.

When an invitee is injured, the landowner's actual or constructive notice of the danger can establish a duty of care. Constructive knowledge of a dangerous condition will be a factor when—as often will be the case—the landowner denies having actually known of the hazard.

The key to constructive notice is proving how long a dangerous condition existed before it caused your injury. If it was there for some time, you can argue that had the landowner been reasonably careful, it would have inspected the property, discovered the danger, and fixed it or warned you about it.

(Learn more about proving fault for slip and fall accidents.)

Landowner Defenses: Shifting the Blame to You

In addition to lack of notice, landowners have several available defenses to a slip and fall claim. Three of the most common are:

• you were partly or completely to blame for your injuries
• the danger was open and obvious, and
• you assumed the risk of a known hazard.

You Were to Blame

Your own negligence is a defense to the owner's legal responsibility for your injuries. If the accident happened in a contributory fault state, any negligence on your part—even 1% of the total—defeats your claim entirely. When the accident happened in a comparative fault state, your share of the negligence reduces the damages you can collect, unless you were mostly to blame.

New Jersey is a modified comparative negligence state. Under New Jersey law, if you're found partly to blame for the fall, your percentage share of the total negligence reduces your personal injury damages by that amount. But only up to a point. When you're 50% or more at fault, you can't collect any damages for your injuries.

(N.J. Stat. § 2A:15-5.1 (2024).)

How were you negligent? The defendant will leave no stone unturned looking for ways to blame you. Here are a some of the common allegations you might face.

• You were on a part of the property where visitors aren't allowed, or aren't expected to be.
• You weren't paying attention to where you were walking.
• You were distracted by a child, or your phone, or something else.
• You were wearing footwear that was inappropriate or even unsafe for the situation.
• You were warned of the dangerous condition, or the owner took reasonable steps to protect visitors.
• The dangerous condition was open and obvious.

Open and Obvious Dangers

In many states, landowners aren't responsible or face reduced liability for injuries caused by open and obvious dangers. An open and obvious danger is a condition that's clearly visible, one that should be seen by a reasonable person exercising ordinary care for their own safety. Common examples include accumulations of snow or ice, large objects, and darkness.

You Assumed the Risk

When you voluntarily and knowingly assume the risk of a known danger, injuries resulting from that danger ordinarily aren't the responsibility of the landowner. Classic examples include recreational activities like bungee jumping, base jumping, skydiving, and other high-risk adventures.

The Slip and Fall Statute of Limitations

A "statute of limitations" is a law that limits your time to file a lawsuit in court. For most New Jersey slip and fall claims, you have two years from the date you were injured to sue. Different rules might apply when you're hurt on government property or when you were legally disabled at the time you fell.

(N.J. Stat. § 2A:14-2(a) (2024).)

If you're unsure about how much time you have to file a slip and fall lawsuit, speak to a New Jersey personal injury lawyer right away. Missing the filing deadline can prove costly. Absent an extension that gives you more time to sue, your slip and fall claim is legally dead. You've lost the right to recover damages for your injuries.

Do You Need a Lawyer for Your Slip and Fall Claim?

To answer that question, ask yourself these questions.

• Are the case facts simple and mostly uncontested? If so, that's a point in favor of giving it a try on your own. On the other hand, when the facts are complicated or murky, or the defendant disputes your version of the story, think about hiring legal counsel. A lawyer can help you find and organize the facts into a coherent, compelling narrative that puts you in the best possible light.
• Are there difficult legal issues involved? Here, we're speaking of legal issues that might sink, or do serious damage to, your case. The statute of limitations is a prime example. So is comparative or contributory negligence, as discussed above. Because comparative negligence is almost guaranteed to be in play in a slip and fall case, your best bet will be to have legal help in your corner.

The defendant will be represented by an insurance company and its attorneys. It won't be a fair fight if just one side brings the heavy artillery. Here's how you can find a lawyer who's right for you.

New Jersey Slip and Fall FAQ

Here are some other questions you might have about your slip and fall case.

Where Will Your Slip and Fall Lawsuit Be Filed?

Your lawyer will file your lawsuit in the New Jersey Superior Court Law Division, likely nearest to where the defendant lives or has its main place of business, or where you fell and were injured.

Will Your Case Settle or Will It Go to Trial?

The overwhelming majority of personal injury cases settle without a trial. Yours probably will, too, unless the defendant feels confident a jury will find:

• you were mostly to blame
• you weren't badly hurt, or
• your injuries weren't caused by the fall.

You should discuss negotiation and settlement strategies with your lawyer.

How Long Will It Take to Resolve Your Claim?

That depends. If the facts aren't disputed, it's clear the landowner was to blame, you've gathered the evidence to support your claim, and your injuries and damages are well documented, your case might settle in a matter of several weeks to a few months. If the case goes to trial, expect the process to take a year or more, and even longer if there's an appeal. A case can settle at any time during trial preparation or trial.

What Kinds of Damages Can You Collect?

If you win your case, you'll recover what the law calls "compensatory damages." These are meant to compensate you for:

• out-of-pocket losses like medical bills, lost wages, and amounts you pay for replacement household services, and
• things that don't come directly out of your pocket, like pain and suffering, emotional distress, and disability.

(Learn more about how insurance companies value injury cases.)

Find Out About New Jersey Personal Injury Laws

Your slip and fall claim is a type of personal injury case. You can learn more about the laws we've covered here, as well as other New Jersey personal injury laws that likely will impact your claim.