Question 1

Who is responsible if I fell at a store?

Accepted Answer

Generally, the property owner or the company operating the store is responsible if they knew or should have known about the dangerous condition and did not correct it. For example, if there was a spill on the floor that had been there a long time without being cleaned or signed, the store may be responsible.

Question 2

What if the fall was partially my fault?

Accepted Answer

New Jersey applies the concept of comparative negligence. If you were partly at fault, your compensation may be reduced proportionally. For example, if you are determined to be 20% at fault, the compensation would be reduced by 20%. However, you may still be entitled to recovery.

Question 3

What evidence do I need for my case?

Accepted Answer

Photographs of the fall location are critical, especially taken shortly after the incident. Also important are: incident reports, witness names, medical records, expense receipts and the clothing or shoes you were wearing. Evidence can deteriorate over time, so it is best to act quickly.

Question 4

Can I claim if I fell on a public sidewalk?

Accepted Answer

Yes, but the process is different. If the fall was on a municipal sidewalk or public property, you must file a notice of claim (Notice of Claim) generally within 90 days. The deadline is much shorter than a regular claim, so it is important to consult with an attorney quickly.

Question 5

How much time do I have to file a claim?

Accepted Answer

In New Jersey, personal injury claims generally must be filed within 2 years from the fall. If the fall was on government property, the deadline to provide notice may be only 90 days. We recommend consulting with an attorney as soon as possible.