Slip, trip and fall lawyer in New Jersey
Supermarkets, parking lots, apartment stairwells, icy walkways and broken sidewalks — in Camden, Burlington, Middlesex and Union counties.
What you have to prove
A fall by itself is not a case. New Jersey requires proof that the property owner created the hazard, knew about it, or should have known about it and had a reasonable chance to fix it. The difference between a case and a denial is usually evidence collected in the first few days.
Do these things today
- Report the fall to the manager on duty and ask for a written incident report — then ask for a copy.
- Photograph the hazard itself, from several angles, with something in frame for scale.
- Photograph your shoes and whatever you were carrying.
- Get the names of anyone who saw it happen.
- Ask, in writing, that the surveillance video be preserved. Most systems overwrite in 14 to 30 days.
- See a doctor the same day.
Where these falls happen
- Grocery stores and big-box retail — spills, produce, tracked-in rain
- Parking lots — potholes, wheel stops, unlit areas, untreated ice
- Apartment buildings — broken stairs, missing handrails, dark stairwells
- Restaurants and bars — greasy floors, unmarked steps
- Sidewalks — raised slabs, missing bricks, construction debris
The 90-day rule for public property
If you fell in a municipal building, a school, a county park or on NJ Transit property, the New Jersey Tort Claims Act requires a formal notice of claim within 90 days of the incident. It is a short, unforgiving deadline, and it is the most common way an otherwise good fall case is lost.
What these cases are worth
Fall cases turn on the injury. A wrist fracture that heals is a different case from a hip fracture in a 70-year-old or a head injury with lasting symptoms. Comparative fault matters too — expect the defense to argue you were distracted or wearing the wrong shoes. Being partly at fault reduces a recovery; it does not end it, so long as you are 50% or less responsible.
Frequently asked questions
Is a store automatically responsible if I fall?
No. You have to show the owner created the hazard, knew about it, or that it was there long enough that they should have known. That is why photographs and an incident report on the day of the fall matter so much.
What is the mode-of-operation rule?
In some self-service settings — a supermarket produce aisle, a self-serve drink station — New Jersey does not require proof the store knew about the spill, because the way the business is run makes spills foreseeable. It is a meaningful advantage where it applies.
I fell on ice. Does that change anything?
Yes. Commercial property owners generally must clear snow and ice within a reasonable time after a storm ends. Residential owners have different obligations, and claims against a town over a sidewalk are limited. Timing and photographs decide these cases.
I fell in a government building or on a public sidewalk.
Then you likely have 90 days to serve a formal notice of claim, not two years. Call right away — this deadline ends more fall cases than any other.
Tell us what happened. We'll tell you what we would do.
A real conversation, not a call center. If we are not the right firm for your case, we will say so.
Or email info@starkmanfirm.com. Contacting the firm does not create an attorney–client relationship, and information sent before we agree to represent you is not confidential.