Who is liable after a slip-and-fall at a New Jersey commercial building?

June 12, 2013

Slip resistance testing is a scientific field that studies slippery floors. Why is this important? Many commercial buildings need to consider installing safe floor coverings that hold up after use and cleaning and reduce the number of slip-and-fall accidents injuries in heavily trafficked areas. Falls are a leading cause of emergency room visits and more than one million slip-and-fall injuries are reported across the country each year.

It may seem counterintuitive, but a shiny floor is often less slip resistant (a good thing) than a dull finish. This ties in with maintenance and proper cleaning, which removes a film of soil or slippery substances that can make a floor slippery especially when wet.

Slip-and-fall injuries can easily occur for other reasons besides slippery floors at commercial properties. For example, a New Jersey woman suffered an injury when she fell while leaving a Sovereign Bank location. No clear delineation existed to warn there was a step in the landing and walkway area. In another New Jersey case, a woman was injured at a Macy's when she tripped on an uneven strip of carpet.

In cases, where a slip and fall injury occurs on commercial or business property who is at fault? A property owner, a business tenant or a management company may be liable depending on the lease arrangement.

Proving fault

Through a New Jersey premises liability lawsuit, an injured person can hold the possessor of a commercial or business property liable for a slip or trip injury. A plaintiff needs to prove that a possessor of a property:
- caused the condition - a slippery spill or torn carpet;
- knew of the dangerous surface - if an employee noted the condition and did nothing to fix it this may be enough; or
- should have known about the condition - for example, a reasonable person caring for a property would have found the situation and fixed it.

Often disputes arise in regards to the third situation where the store that rented the space or the property owner should have discovered and fixed the condition.

In some of these cases, expert testimony is necessary regarding the dangerous condition and the injuries suffered. In some cases, social media evidence in coming into play on the nature of the injury. In a Pennsylvania case, a judge recently ordered access to a Facebook profile after allegations that pictures showed the allegedly injured individual playing in the snow.

Following a slip-and-fall injury that results in a serious injury, contact a New Jersey personal injury attorney. Assistance gathering the needed evidence - from photographs to expert opinion - is often necessary to prove a case and receive compensation for medical costs, lost wages and pain and suffering.

Article provided by Goldstein & Goldstein
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