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A business owner has a duty to remove any unsafe conditions he or she knows about. New Jersey case law states that,  “A proprietor generally is not liable for injuries caused by defects of which he had no actual or implied knowledge or notice, and no reasonable opportunity to discover.”

So, what is considered, “reasonable opportunity to discover?” Business owners are expected to make an effort to discover unsafe conditions and the ‘I didn’t know about it’ excuse rarely holds up in court. They are only off the hook when a hazard was undiscoverable by an ordinary person or clearly caused by the previous owner of the building. 

A victim can prove that a proprietor knew of a dangerous condition using video footage, eyewitness testimony, incident reports, and other forms of evidence. It’s our job as expert personal injury attorneys to collect and analyze this evidence in order to hold the business owner accountable for their negligence. 

Business owners have a basic obligation to keep a clean and safe environment for their customers and employees. This is especially true in environments which pose an ‘inherent and foreseeable hazard’. In such situations, the slip and fall accident victim doesn’t even need to prove that the store knew about the specific hazard that caused the accident. This is referred to as the “mode of operation” rule. 

For example, in one case a victim was shopping in the produce aisle when she slipped on a string bean and fell to the floor. She sued the store and the court initially sided with the business based on the rationale that the staff did not have notice of the hazard. The higher court, however, ruled that the open-display, self-serve produce section was likely to result in some dropped beans. The court went on to say, “If the operator chooses to sell in this way, he must do what is reasonably necessary to protect the customer from the risk of injury that mode of operation is likely to generate.”

The idea is that if part or all of the property is likely to pose a hazard, the business owner should pay special attention to maintain the safety of that environment and would be considered negligent for failing to do so. If you can prove that your accident took place in part of the store that posed an ‘inherent hazard,’ you might not need to prove that the store knew about the specific unsafe condition. The store should have anticipated and prevented it before it ever happened. 

This element of duty is the most straightforward. If a staff member were to have knowingly spilled grease on the floor and walked away, he or she would have certainly created an unsafe condition and would be guilty of negligence.

In the case of Smith v. First National Stores, a customer fell down a flight of stairs in a supermarket. The staircase was also used by employees, who had tracked grease and sawdust up the stairs from the meat department of the store, resulting in a slippery staircase.

Like in the case above, the lower court sided with the store by saying the victim hadn’t proved the store owner had notice of the unsafe condition. The higher court, however, stated that the dangerous condition was the store’s fault and “Notice… is not required where a defendant through its agents and employees creates a dangerous condition.”

These cases demonstrate why it’s important to hire an attorney who will get it right the first time. Personal injury cases are notoriously complicated and, if you were injured in a bigger store, you may be going up against a team of seasoned corporate lawyers. You will want to make sure your attorney is experienced in slip and fall cases in New Jersey stores.

In one New Jersey case, a woman was doing her Christmas shopping in a local mall when she slipped and fell in a puddle on the floor, which turned out to be a spilled beverage. The victim sued and the court ruled in her favor on the basis that the mall allowed patrons to roam freely with their drinks, creating a “reasonable probability” of danger. She was awarded $7,500 at the time of her case which, with inflation, would now be over $13,140.

In another case, a woman and her children were entering a restaurant on a rainy evening. Both she and her children slipped on a combination of grease and rainwater in the entryway. No caution signs or anti-slip mats were provided, so the restaurant was found to be negligent and she was awarded $250,000. 

The jury did find the victim to be 49% guilty for the accident. Using the comparative fault rule discussed earlier in this article, the judge subtracted that percentage from her award. After interest, she still received $138,643. This case goes to show that even if you think you were somewhat at fault for your accident, it is still worth pursuing compensation.

Leaky roofs are another major hazard. A twenty-three year old woman was shopping in a toy store when she slipped and fell, suffering major injuries which sent her to the hospital. It was later found that the roof had major issues that the store had known about. The victim sued and eventually won her case.

A woman was leaving a stall in an airport bathroom. There was no water on the floor when she entered the stall but when she left the floor was slippery and she fell. Moments after her fall, she saw a custodian come out of a closet holding a caution sign and a mop. Clearly, the floor had just been cleaned. 

The victim sued and the court sided with the airport and cleaning company at her first trial. A higher court found that while the airport was innocent, the cleaning company could be liable. Her case was granted a new trial, where the company was likely found to be negligent. 

Fruits and vegetables cause a surprising number of injuries. Customers have been injured by grapes, string beans, and vegetable leaves. These cases all took place in ‘self service’ areas of stores, such as the checkout area or produce aisle. These are areas which have an inherently hazardous ‘mode of operation,’ as discussed earlier, and require the store owner to take extra care to prevent any hazards. 

Wrist and ankle sprains are common among fall victims, who often attempt to break the fall with their hands or feet. A bad sprain can be very painful and can lead to loss of wages, physical therapy bills, and inability to perform everyday tasks. People sometimes think of sprains as minor injuries but they can still be inconvenient and very costly.

The National Floor Safety Institute (NFSI) reported that, “Of all fractures from falls, hip fractures are the most serious and lead to the greatest health problems and number of deaths.” Broken bones can necessitate time away from work, surgery, or even permanent disability. 

Bone injuries often develop complications in older adults. According to the NFSI, “falls account for 87% of all fractures among people over the age of 65” and “half of all elderly adults (over the age of 65) hospitalized for hip fractures cannot return home or live independently after the fracture.” Older adults who suffer fractures may require in-home care, which is very expensive.

Head and brain injuries are very serious. Nearly half of all brain injuries resulted from falls. Common head injuries include hemorrhage, concussions, edema (swelling of the brain,) diffuse axonal injury (damage to brain cells.) All of these injuries can cause life-altering compilations, such as seizures, vertigo, and memory loss.

Spinal cord injuries affect over 17,000 American each year and cost the nation $9.7 billion annually. These injuries can cause intense pain and mobility issues, including paralysis. Spinal cord injuries are some of the most expensive injuries, as they often require surgery and physical therapy.