What Is the Difference Between Premises Liability and Slip and Fall?

Understanding Premises Liability and Slip and Fall Cases in New Jersey

If you’ve been injured on someone else’s property in New Jersey, you might wonder: Is this a premises liability case or a slip and fall case? While the two terms are related, they have distinct legal meanings and implications. A slip and fall is one type of premises liability claim, but premises liability covers a broader range of accidents.

Let’s break down the differences, what’s involved in each type of claim, and how New Jersey laws impact your right to compensation.

What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners to maintain safe conditions for visitors. If a property owner fails to do so and someone gets injured, they can be held accountable under New Jersey premises liability laws.

Examples of premises liability cases include:

• Slip and fall accidents (wet floors, uneven sidewalks, icy walkways)
• Dog bites or animal attacks
• Negligent security leading to assaults
• Swimming pool accidents
• Falling objects in retail stores
• Exposure to toxic substances (e.g., mold, chemicals)

Under New Jersey law (N.J.S.A. 2A:42A-8), property owners have a duty of care to visitors, which varies depending on the visitor’s status:

1. Invitees (e.g., customers in a store) – The highest duty of care is for owners to inspect and maintain the property.
2. Licensees (e.g., social guests) – Owners must warn of known dangers.
3. Trespassers – Limited duty; generally, only intentional harm is prohibited.

A premises liability lawyer can help determine whether your case qualifies under this law and what steps to take next.

What Is a Slip and Fall Case?

A slip and fall is a specific type of premises liability case where a person is injured due to an unsafe walking surface. These accidents often happen in:

• Grocery stores
• Shopping malls
• Sidewalks
• Restaurants
• Office buildings

Some common causes of slip and fall accidents include:

• Spilled liquids (e.g., supermarkets failing to clean up a mess)
• Snow or ice accumulation (especially in parking lots or walkways)
• Uneven flooring or cracked pavement
• Loose rugs or mats

According to the statute of limitations, injury victims generally have two years from the date of the accident to file a personal injury claim. Missing this deadline can result in losing your right to compensation.

Notable New Jersey Slip and Fall Cases

New Jersey courts have ruled in favor of injured victims in several premises liability cases. One key case is Prioleau v. Kentucky Fried Chicken, Inc., 223 N.J. 245 (2015), where the New Jersey Supreme Court clarified the burden of proof in slip and fall cases. The plaintiff must show that the property owner knew (or should have known) about the hazardous condition but failed to address it.

This ruling highlights the importance of evidence in slip-and-fall cases, such as:

• Surveillance footage
• Witness statements
• Incident reports
• Photographs of the hazard

What Damages Can I Claim Following a Premises Liability Accident?

If your injury was due to a property owner’s negligence, you may be entitled to compensation for:

• Medical expenses (current and future treatment)
• Lost wages (if you’re unable to work)
• Pain and suffering
• Emotional distress
• Rehabilitation costs
• Loss of quality of life

In New Jersey, the comparative negligence rule (N.J.S.A. 2A:15-5.1) applies. This means if you’re found partially at fault, your compensation is reduced by your percentage of fault. For example, if you were 20% responsible, your total compensation would be reduced by 20%.

How a Slip and Fall Lawyer Can Assist in Your Premises Liability Case

Navigating New Jersey’s premises liability laws can be challenging without legal help. A personal injury lawyer can:

• Investigate the accident
• Gather crucial evidence
• Prove the property owner’s negligence
• Negotiate with insurance companies
• Represent you in court if necessary

What to Do If You’ve Been Injured on Someone Else’s Property

If you’ve suffered a slip and fall or another premises liability accident, here’s what you should do:

1. Seek medical attention immediately – Your health comes first, and medical records serve as critical evidence.
2. Report the incident – Notify the property owner, store manager, or landlord and request a written report.
3. Document the scene – Take photos/videos of the hazardous condition.
4. Collect witness information – Their statements can support your case.
5. Contact a personal injury lawyer – The right personal injury lawyer can help you fight for the compensation you deserve.

How a slip and fall lawyer can assist in your premises liability case

You may have a strong case if you or a loved one has been injured due to a slip and fall or another premises liability accident in New Jersey. The Rosengard Law Group has extensive experience in handling these claims and will fight to protect your rights.

You can hire a Slip and fall injury Lawyer in NJ.

Contact us today for a free consultation at Rosengard Law Group. We work on a contingency fee basis, meaning you pay nothing unless we win your case.