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Slips and Falls in Malls in New Jersey—Who’s Responsible?

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Slips and Falls in New Jersey Shopping Malls

Who Has the Duty to Maintain the Premises? The Mall Owner? The Shopkeeper?

Slips and Falls in Malls in New Jersey—Who's Responsible?If you’re like most Americans, you visit a shopping mall at least once a week—a national survey found that nearly nine of every ten adults go to a mall that often. You may not think about the potential dangers in a mall, but they are there. In fact, slips and falls are the most common type of mishaps in shopping malls.

The Causes of Shopping Mall Slips and Falls

There are a number of hazardous conditions in shopping malls that can lead to injury:

  • Spilled food or beverages
  • Recently mopped floors that are unmarked
  • Loose or broken tile, carpet, linoleum, or other flooring
  • Goods or merchandise that has fallen off the shelves
  • Water or soap on bathroom floors
  • Negligently maintained sidewalks, parking lots, parking ramps, or other walkways

In New Jersey, there’s a duty to maintain commercial premises so as to minimize the risk of injury to persons legally on the property. But who has that duty at a mall? Is it the company or person who owns the mall and leases space to the stores? Or is it the individual shopkeeper?

As a general rule, the entity or individual who owns the mall has the responsibility to maintain common areas, including hallways, bathrooms, and all open space between stores. A store owner generally has liability only for slips and falls inside their establishment. However, if a store owner puts a display out front, or engages in behavior that poses a risk outside the store, that owner may have liability.

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Slips-and-falls on Snowy or Icy Sidewalks in New Jersey

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The Duties of Owners and Managers of Property

Slips-and-falls on Snowy or Icy Sidewalks in New JerseyUnder the rules of premises liability, as set forth in New Jersey law, the owner of, or person with control over, real property must maintain the premises in a way that minimizes the likelihood of injury to visitors. That duty extends to sidewalks, steps, driveways, parking lots, and other thoroughfares. With winter just around the corner, it’s important to understand the responsibilities of property owners regarding the presence of snowy or icy conditions. What must be done to reduce the risk of injury due to accumulations of ice or snow?

Recovering Damages for a Slip, Trip or Fall Due to Winter Weather Conditions

To successfully pursue compensation after a fall on ice or snow in New Jersey, an injured person must prove that the property owner:

  • Was legally required under New Jersey law either to clear away the snow or ice or provide reasonable warning to visitors;
  • Had actual knowledge of the risk of injury posed by the accumulation of snow or ice, and failed to take any action; or
  • Reasonably should have known of the existence of the dangerous condition due to the accumulation of snow and ice but did not act.

The Duties of Commercial Property Owners

The owner or manager of commercial premises has an affirmative duty to remove ice and snow, provided there is either actual or “constructive” knowledge of the danger posed by the conditions. Constructive knowledge simply means that a reasonable person would have concluded that such a risk existed. In New Jersey, if the court determines that a reasonable person would have foreseen the danger, then actual or constructive knowledge is no longer required. For example, if a specific section of a sidewalk had previously been susceptible to accumulation of snow or ice, a business owner or property manager should reasonably expect (foresee) that it will happen again.

The Duties of Residential Property Owners

As a general rule, a residential property owner has no affirmative duty to remove snow or ice from sidewalks or other structures or warn visitors of potential dangers. In fact, a residential property owner can be liable for injuries only if he or she takes action to make the conditions worse.

Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Liability for Supermarket and Mall Injury Claims in New Jersey

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Liability for Supermarket and Mall Injury Claims in New Jersey

In New Jersey, as in other states, owners of commercial property have a duty to reasonably monitor and maintain commercial premises in ways that minimize the risk of injury to anyone legally on the property. That duty extends to entities that maintain control over the premises, such as commercial tenants in malls and supermarkets.

Under the law, any party that exercises control over real property must reasonably monitor the premises the duty is not absolute. In addition, the action required need only be reasonable. ‒ There’s no requirement that the safety of legal visitors be guaranteed. However, if an owner, landlord or tenant knows (or reasonably should know) of a dangerous condition, there are three permissible responses:

  • Remedy the situation so that it no longer poses a risk of injury
  • Provide reasonable warning of the risk of injury associated with the dangerous or defective property condition
  • Close off access to the part of the property with the dangerous or defective condition

A New Jersey Supreme Court ruling has extended potential liability beyond the borders of a defendant’s property. In a case involving Wal-Mart, the retail giant was sued by an independent contractor who fell on loose gravel on the property next to Wal-Mart, but who was under contract with Wal-Mart at the time of the accident. The worker suffered the injury on adjacent property but was on the adjacent property only because he had to leave Wal-Mart property to do his job.

Contact Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Slips and Falls on Snow and Ice in New Jersey

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Slips and Falls on Snow and Ice in New Jersey

If you live in New Jersey, ice and snow are a part of your life in the winter months. A fresh snowfall can be a beautiful sight, a winter wonderland, but it can also pose a significant risk. Far too many people suffer needless injury in New Jersey winters when property owners fail to take reasonable steps to remove snow and ice from sidewalks, steps and parking lots.

Under New Jersey law, the owner of real property has a duty to monitor and maintain the premises in such way that it minimizes the risk of injury to anyone legally on the property. That duty can also extend to anyone who exercises control over the property, such as a property manager, landlord or tenant. It’s not an absolute duty — the exercise of care must only be reasonable.

When it comes to snow and ice on residential or commercial property in New Jersey, there are generally different standards based on the type of property. With a single-family private residence, there’s typically no duty to remove snow or ice or to warn about any risks associated with snow, ice or freezing rain. Why? Because most people don’t enter single family residential property for commercial purposes or to engage in activity that will provide a financial benefit to the homeowner. However, if the homeowner runs a business out of the home or if the homeowner takes action that makes the condition worse (pouring hot water on icy steps, for example), there can be liability.

With commercial property, you must typically show that the property owner either knew or should have known of the potential risk of injury due to ice, snow or other winter weather conditions and that the property owner failed to take reasonable steps to remedy the problem or warn potential visitors. There is an exception to this rule — if the nature of the business was such that the dangerous condition was reasonably foreseeable, there is no requirement that the property owner have actual notice of the risk.

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Determining if Your Injury Is Work Related – Part One

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Determining If Your Injury is Work Related Part One

Under New Jersey law, you must meet two requirements to successfully recover workers’ compensation benefits in New Jersey: you must demonstrate that you were injured and that the injury occurred during the performance of normal duties of the job. Often, it’s not an issue. For example, if you are hurt when a machine malfunctioned at work or you slipped and fell while doing your job, if you can show injury resulting from repetitive stress or motion at work, or an illness caused by exposure to a toxic substance that led to an illness, you should qualify for benefits. But there are times when you’re hurt at a work-related function or while on the premises of your employer where the answer may not be so clear

Injuries Suffered While on a Break

There are laws that require your employer to allow you to take periodic breaks, including meal breaks. What happens if you slip on the floor at the company cafeteria? Is it any different if you fall and hurt yourself at while at an offsite restaurant? Not surprisingly, “it depends.”

If you choose to leave your place of employment to get something to eat, any injuries you suffer on the way to, from or at the restaurant will generally not be covered under a Workers’ Compensation claim. However, if you were getting food for a company luncheon or your boss asked you to pick him up some lunch, you may successfully argue that you were on a work-related task when you were hurt.

If, on the other hand, the injury occurs at a dining facility on company property, you will probably have a valid Workers’ Compensation claim.

Injuries Suffered During Company-Related Travel

Injuries suffered on your drive to or from work are generally not covered, unless you deviated from your normal route to perform some work-related task. For example, if your supervisor asks you to pick up donuts for the office and you are hurt in a motor vehicle accident while on your way to or from the donut shop, you may have a claim.

If you are on a business trip and suffer an injury, you will probably be able to recover Workers’
Compensation, unless your employer can show that the activity you were engaged in had nothing to do with work or the trip. For example, if you are injured in a brawl at a nightclub while on a business trip, your employer will probably be able to successfully argue that you were involved in a personal activity (unless you were entertaining clients at the time).

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Slip-and-Fall Injuries in New Jersey

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Under the laws of New Jersey, the owners or persons in control of residential or commercial property have a duty to maintain the premises in such a way as to minimize the risk of injury to anyone legally on the property. This is known as “premises liability” law.

Slip and Fall

The Responsibilities of Property Owners/Managers/Occupants in New Jersey

In New Jersey, as in other states, anyone who has responsibility for maintaining real property can be found liable when someone suffers an injury because of improper maintenance or lack of maintenance of the property. That will typically include the owner of the property, but it can also include property managers or tenants.

The first duty of such a person is to reasonably monitor the premises so as to be made aware of any potential safety risk. Note that there is no absolute duty to prevent injury, only to take reasonable steps to minimize the risk of injury. However, where a reasonable person would expect certain conditions to occur — snowfall or the collection of ice in a northern climate, for instance — a property manager/owner/tenant may have liability even if there was no actual knowledge of the condition, if a reasonable person would have anticipated the condition.

Once a property owner is aware (or circumstances dictate that the property owner should have been aware) of a dangerous condition, the property owner must either take reasonable measures to fix the problem, must cordon off the area to prevent access or must provide reasonable warning of the potential dangers.

The Status of the Visitor

A defendant’s duty to a person injured on real property varies, based on the legal status of the visitor:

  • Invitees — If the person is on the property legally and has been expressly or impliedly invited there by the owner, for purposes that benefit the owner, that person is an invitee. A landowner owes the highest duty to an invitee — to take reasonable care to prevent injury
  • Licensees — If a visitor is on property with permission, but for his or her own benefit, that person is referred to as a licensee. A property owner’s duty to a licensee is only to warn of conditions of which the owner is aware and which the visitor would not be likely to discover
  • Trespassers — If the person is on the property without legal permission or right, the landowner typically owes no duty, unless the visitor is a minor. Landowners have a duty with respect to what are known as “attractive nuisances,” generally man-made objects or devices that would be attractive to a minor, such as a swimming pool or gravel pile.

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

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