Slip and fall accidents are one of the most common sources of personal injuries. And while they frequently occur at home, they often occur at places of business too. Owners of commercial property have a duty to maintain a safe environment for customers and visitors, and if injuries are sustained as a result of a slip and fall accident, the injured party may be able to file a premises liability claim.
Defining Premises Liability
If the owner of the business premises or one of the business’s employees:
- causes a tripping hazard, such as a spill, loose carpeting or damaged flooring, leaves equipment or cables in a walkway, or
- creates another hazardous condition and
- the owner is or should be aware of the condition and
- does not correct it,
- the owner of the premises may be at fault for the injury.
Maintenance is the responsibility of the landlord, which means they are liable for a slip and fall injury that is caused as a result of their negligence.
Statute of Limitations in New Jersey
The statute of limitations limits the amount of time an injured party has to file a lawsuit. In New Jersey, the statute of limitations for a slip and fall injury is the same as the statute of limitations for most personal injury claims, which is 2 years.
New Jersey applies comparative negligence to slip and fall cases. What this means is that the injured person’s own negligence will not prevent collection of damages, provided that persons actions are no more than 50 percent responsible for the injury. Any finding of responsibility by the injured party will result in a reduction of the amount of damages recovered.
For example, imagine a person slips on a wet floor in the mall that’s the result of a leaky roof during a rainstorm. The person who slipped was walking and texting, and not paying complete attention to where they were going. The jury awards $100,000.
If the injured party is found to have been 25 percent responsible for the injury, the damage award will be reduced by 25 percent, which is $75,000. If the injured party is found to be more than 50 percent responsible, they will receive nothing.
If You Have Been Injured in a Slip and Fall Accident in New Jersey
Landlords and business owners must ensure their premises are safely maintained. This includes keeping floors safe and passable. If you have been injured in a slip and fall accident, do not wait to contact an attorney. Failure to do so may prevent you from recovering damages for your injuries. Contact the personal injury attorneys at Rosner Law Offices, P.C. at (856) 692-6500 today. Our slip and fall attorneys offer no cost consultations, and look forward to speaking with you regarding the circumstances surrounding your injuries.