Most store falls happen in ordinary moments, like reaching for a carton of milk or stepping in out of the rain. Whether the store is responsible usually depends on two things: what caused the fall, and whether the store knew, or should have known, about the hazard. Here are eight common causes, followed by local law offices, starting with The Law Offices of Anthony Carbone.
What causes most slip and fall injuries in New Jersey stores?
1. Why are spills in self-service aisles treated differently?
Because the store’s own setup creates the risk. Ordinarily, an injured customer must show the store had actual or constructive notice of a hazard. That means the store knew about the problem, or should have discovered it, in time to fix it. New Jersey’s mode of operation rule comes from Nisivoccia v. Glass Gardens (2003). Under it, the notice requirement can be relaxed when a self-service business model makes spills foreseeable, like loose grapes in a produce section. The New Jersey Supreme Court limited the rule in Prioleau v. Kentucky Fried Chicken (2015) to areas where customers handle products themselves.
2. Can leaking coolers and roofs cause falls?
Yes, and they often leave a pattern. Freezer cases, ice machines, and aging roofs tend to leak in the same spot repeatedly. Repeated leaks undercut a store’s claim that it didn’t know.
3. Is the store responsible for wet entrances on rainy days?
Often. Stores are expected to respond to tracked-in water with absorbent mats, warning signs, and regular mopping. A soaked mat that’s never replaced may not be enough.
4. What about a floor that was just mopped?
Freshly cleaned floors are a common cause of falls, especially when employees mop during business hours without warning cones. Photos showing no signs can matter.
5. Do boxes and stocking carts create liability?
They can. Pallets, carts, shrink wrap, and cardboard left in aisles during restocking create trip hazards.
6. How do damaged mats and flooring cause injuries?
Curled mat edges, cracked tiles, uneven flooring transitions, and loose threshold strips catch toes and heels. These tend to persist long enough that a store should have noticed them.
7. Is a store liable for ice in its parking lot or sidewalk?
Frequently. New Jersey commercial property owners have a duty to maintain the sidewalks abutting their property, a rule from Stewart v. 104 Wallace Street (1981). In Pareja v. Princeton International Properties (2021), the Supreme Court limited that duty during storms. It held that commercial landowners generally don’t have to remove snow and ice until a storm ends, unless they make conditions more dangerous.
8. Can poor lighting or stairs lead to a claim?
Yes. Dim stairwells, missing handrails, unmarked step-downs, and escalators without working stop buttons create hazards that maintenance should prevent.
What should you do after a fall in a store?
Report the fall to a manager and ask for a copy of the incident report. Photograph the hazard, your shoes, and the surrounding area. Store surveillance video is often overwritten within days, so a written request to preserve it should go out quickly.
Two legal limits also apply. Under N.J.S.A. 2A:15-5.1, your recovery is reduced by any share of fault assigned to you and barred above 50 percent. Most injury lawsuits must be filed within two years under N.J.S.A. 2A:14-2.
Which law offices serve people hurt in falls in Hudson County?
- The Law Offices of Anthony Carbone
- Marshall Criminal Defense & DWI Lawyers
- The Law Offices of Stephen J. Natoli
- The Kugel Law Firm
- Brett M. Rosen
The Law Offices of Anthony Carbone
The Law Offices of Anthony Carbone, P.C. is a Jersey City firm where attorney Anthony Carbone has practiced for 35 years. The firm handles slip and fall and premises liability claims for people injured in stores and apartment buildings. It also defends criminal and DUI charges. Consultations are free and offered in English, Hindi, and Punjabi.
Marshall Criminal Defense & DWI Lawyers
A Jersey City office that handles criminal, DWI, and traffic matters.
The Law Offices of Stephen J. Natoli
A firm with offices in Jersey City and Secaucus that handles criminal, DUI, and traffic matters.
The Kugel Law Firm
A Newark firm that handles DWI and criminal defense.
Brett M. Rosen
An Englewood Cliffs attorney who handles criminal and DUI cases.
What’s the takeaway?
Store falls turn on notice: what the store knew and when. Document the hazard and preserve video quickly. If you were hurt in a fall at a store, The Law Offices of Anthony Carbone can review what happened in a free consultation.
Attorney advertising. This article is general information and not legal advice.