In a New Jersey slip-and-fall case, the injured person has the burden of proof. This means that if you are filing a claim, you must show that the property owner or occupier was responsible for the accident.
The law does not automatically hold a property owner responsible just because someone fell. You need to know how to provide the right evidence to meet the legal standards.
Proving there was a dangerous condition
First, you must prove that a dangerous condition existed on the property. This could include a wet floor, broken steps, loose carpeting or icy walkways. Simply falling is not enough to prove fault. There must be proof that the hazard caused the fall and that the property owner knew or should have known about the hazard.
Establishing the property owner’s fault
You must show that the property owner either created the dangerous condition or failed to fix it within a reasonable time. For example, if a grocery store employee spilled a liquid and the store did not clean it up quickly, the store could be responsible. Even if someone else created the hazard, you can attempt to prove that the store had enough time to notice and fix the problem before the fall occurred.
Demonstrating your damages
Recovering compensation requires showing that the fall caused real harm. This usually includes physical injuries, medical bills or other damages like time away from work. Clear medical records and thorough accident reports can help support your claim.
New Jersey follows a rule called comparative negligence. If the court determines that you share any blame for the fall, it can affect the amount of compensation you receive. With this rule in place it is important to prove that the property owner held most of the responsibility for the accident. Without enough proof, you may not receive compensation for your injuries.