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

Slips and Falls in New Jersey Shopping Malls

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

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.