New Jersey Slip and Fall Lawyers
A fall can leave you with broken bones, a brain injury, and mounting bills — and the property owner's insurer will argue it was your own fault. Onal Injury Law proves the owner's negligence and fights for the compensation you deserve. No fee unless we win.
A slip and fall is a premises-liability case — the property owner is responsible only if they were negligent, not simply because you fell. The heart of nearly every case is notice: you must show the owner knew, or should have known, about the hazard and failed to fix it or warn you. How much they owed you depends on why you were there (a store customer is owed the most). In New Jersey you generally have two years to file (N.J.S.A. 2A:14-2) — but only 90 days if you fell on government property. Surveillance video and other evidence disappear fast, so act quickly. Onal Injury Law charges no fee unless we win. Free review: (201) 335-6788.
Falling isn't enough. Negligence is.
To win a slip and fall claim in New Jersey, you have to prove four things: the owner owed you a duty of care, they breached it by allowing a dangerous condition, that condition caused your injury, and you suffered real damages.
The battleground in almost every case is notice — whether the owner knew or should have known about the hazard. Insurers know it too, which is why they move fast to repair the hazard and let the surveillance footage overwrite itself. We move faster, preserving the evidence that proves how long the danger was there.
It depends on why you were there.
New Jersey law sorts visitors into three categories, each owed a different level of care. Most slip and fall victims — store customers and tenants — are invitees, who are owed the most.
- Invitees — the highest dutyStore customers, tenants, and other business visitors. The owner must inspect for hazards, fix them, and warn you about dangers — and can be liable even for hazards they should have discovered.
- Licensees — a moderate dutySocial guests and others allowed on the property for their own purposes. The owner must warn of dangers they actually know about, but has no ongoing duty to inspect.
- Trespassers — a limited dutyGenerally protected only from intentional or hidden artificial hazards — with special protection for children drawn in by an "attractive nuisance" like an unfenced pool.
The heart of the case.
Actual notice means the owner or their staff actually knew about the hazard — a reported spill, or a danger caught on camera. Constructive notice means the condition existed long enough that a reasonable inspection would have found it. A spill that appeared seconds before your fall may not create liability; one left for an hour usually does.
In some self-service settings, New Jersey's "mode of operation" rule can shift the burden — if the way the business operates predictably creates hazards, you may not have to prove the owner knew. Either way, surveillance video, maintenance logs, and incident reports are the evidence that wins these cases, and they vanish quickly, so we act immediately to preserve them.
Where falls happen.
- Wet or freshly mopped floors with no warning sign
- Spills left on the floor too long
- Uneven, cracked, or broken pavement
- Broken stairs or missing handrails
- Poor or burned-out lighting
- Snow and ice on walkways and sidewalks
- Standing water or leaks
- Loose mats, rugs, or torn carpet
- Falling or improperly stacked merchandise
New Jersey's winter rules.
Commercial property owners in New Jersey generally must clear snow and ice from their property and abutting sidewalks within a reasonable time — but under the "ongoing storm" doctrine, they usually aren't required to remove it while a storm is still active. The duty kicks in after the storm ends.
Residential owners traditionally owe less when it comes to public sidewalks. Because the outcome turns on the type of property, the timing, and local ordinances, a slip on ice is always worth a free review.
What you can recover.
Common Injuries
- Broken bones & hip fractures
- Concussions & traumatic brain injury
- Spinal-cord & back injuries
- Torn ligaments & knee injuries
- Shoulder & wrist injuries
- Facial injuries & scarring
- Chronic pain & long-term disability
Compensation You Can Recover
- Current & future medical bills
- Lost wages & lost earning capacity
- Pain & suffering
- Surgery & rehabilitation costs
- Long-term or in-home care
- Reduced quality of life
Deadlines that can end your case.
Two years to file — usually. Under N.J.S.A. 2A:14-2, most New Jersey slip and fall claims must be filed within two years of the fall.
Only 90 days on public property. If you fell on government-owned property, a formal Notice of Claim generally must be filed within 90 days, and a higher legal standard applies. Miss that window and you can lose the case entirely.
Being partly at fault doesn't end your case. New Jersey follows modified comparative negligence — you can recover as long as you weren't more than 50% at fault, with your award reduced by your share.
Serving New Jersey & New York.
From our offices in Elmwood Park and Brooklyn, we represent slip and fall victims throughout Bergen County and the greater New York metro area, including:
Verdicts and settlements shown were obtained by attorneys at Whittel & Melton and are presented with permission. Prior results do not guarantee a similar outcome.
Slip and fall questions, answered.
Do I automatically have a case if I fell in a store?+
No — falling isn't enough. A property owner is liable only if they were negligent. You generally have to show there was a dangerous condition, the owner knew or should have known about it, and they failed to fix it or warn you. That said, a store customer is owed the highest duty of care, so many store falls are strong cases.
What is "notice," and why does it decide my case?+
Notice is proof the owner knew about the hazard. Actual notice means they (or their staff) actually knew — a reported spill, or a hazard caught on camera. Constructive notice means the danger existed long enough that a reasonable inspection would have found it. A spill that appeared seconds before your fall may not create liability; one left for an hour usually does. Proving how long the hazard was there is often the whole case.
What if the hazard was open and obvious?+
An open and obvious condition doesn't automatically end your claim in New Jersey. Courts still ask whether it posed an unreasonable risk under the circumstances — for example, a hazard you couldn't reasonably avoid, or one the owner should have expected you to encounter.
Who is responsible — the owner, the tenant, or the manager?+
Any of them, and sometimes more than one. Owners, tenants, property managers, maintenance contractors, and even a municipality can share responsibility. Multiple responsible parties often means more insurance coverage available to compensate you.
What if I slipped on snow or ice?+
In New Jersey, commercial property owners generally must clear snow and ice from their property and abutting sidewalks within a reasonable time after a storm ends — but under the "ongoing storm" rule they usually aren't required to remove it during an active storm. Residential owners traditionally owe less. The timing and type of property matter, so it's worth a free review.
What if I fell on public or government property?+
You may still have a claim, but strict rules apply. A formal Notice of Claim generally must be filed with the government entity within 90 days of the fall, and there's a higher standard to meet. Missing that 90-day window can end the case, so call immediately.
What if I was partly at fault?+
New Jersey uses modified comparative negligence. You can still recover as long as you weren't more than 50% at fault, with your award reduced by your share. Property owners often argue you weren't watching where you were going — we push back.
How long do I have to file a slip and fall claim in New Jersey?+
Generally two years from the date of the fall under N.J.S.A. 2A:14-2 — but only 90 days to file a notice of claim if you were hurt on government property. Surveillance footage and other evidence also disappear quickly, so the sooner you call, the better.
Tell us what happened.
A few quick questions is all it takes. No cost, no obligation, and everything you share is kept strictly confidential.
We respond to every request within one business hour.