Slip and fall accidents are a common type of premises liability claim in New Jersey. To successfully pursue a claim, you must establish four key elements.
1. Duty of care: The property owner owed you a duty of care. In New Jersey, this depends on your status as an invitee, licensee, or trespasser. Business invitees are owed the highest duty of care.
2. Breach of duty: The owner knew or should have known about the dangerous condition and failed to address it. This could be a wet floor without warning signs, an icy walkway, or broken stairs.
3. Causation: The hazardous condition directly caused your fall and resulting injuries.
4. Damages: You suffered actual damages including medical bills, lost wages, pain and suffering, or other quantifiable losses.
New Jersey's modified comparative negligence: Under N.J.S.A. 2A:15-5.1, you can recover damages as long as your own negligence was not greater than the defendant's. However, your award is reduced by your percentage of fault.
Statute of limitations: You have 2 years from the date of injury to file a personal injury lawsuit in New Jersey.