By: R. Scott Fahrney, Esq. January 12, 2026
If you’ve been hurt in a fall on someone else’s property, a grocery store, apartment complex, office building, sidewalk, or parking lot, you might assume the property owner is automatically responsible. After all, you fell on their property, so they have to pay… right?
Not exactly. In New Jersey, a slip-and-fall is not an automatic win for the injured person. To have a viable legal claim, you must show more than the fact that you fell. You need to prove negligence.
What Does “Negligence” Actually Mean?
In a slip-and-fall case, negligence generally means the property owner or manager:
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Owed you a duty of care;
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Breached that duty by failing to act reasonably;
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Caused your fall and injuries; and
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You suffered actual damages (medical bills, lost wages, pain and suffering, etc.).
The key dispute in most cases is whether the owner acted reasonably under the circumstances, not whether their property was perfect or whether an accident happened.
Myth vs. Reality FAQ:
Myth: “If I fall on someone’s property, they’re automatically responsible.”
Reality: You must show that the owner did something wrong (or failed to do something reasonable) that led to the fall.
Myth: “If there was a hazard, the owner is always at fault.”
Reality: You still have to prove the owner knew, or should have known, about the hazard and had a fair chance to fix or warn about it.
Myth: “If I was even a little bit careless, I have no case.”
Reality: New Jersey’s comparative negligence rules may still allow recovery, even if you were partly at fault. Your share of fault may reduce your compensation, but does not prohibit it entirely.
Duty: What Do Property Owners Owe Visitors?
In New Jersey, owners and occupiers of property generally have a duty to keep their premises reasonably safe for lawful visitors. That includes:
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Keeping walking areas reasonably clear and well-maintained;
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Performing reasonable inspections of floors, stairways, and walkways;
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Fixing hazards within a reasonable time once discovered; and
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Providing warnings (like cones or signs) when conditions can’t be immediately repaired.
Importantly, this is not a guarantee that no one will ever fall. The law doesn’t require owners to make their property accident-proof, only to act as a reasonably careful owner would in the same situation.
Notice: Did the Owner Know About the Hazard?
A major question in any slip-and-fall case is notice. The owner or staff had to actually know about the hazard (or the hazard needs to have existed long enough that the owner should have discovered it through reasonable inspection of their property). However, there’s no one-size-fits-all rule for how often a business must inspect its property. What’s “reasonable” depends on the type of property and how it’s used.
If a hazard popped up just seconds before your fall, for example, another customer drops a drink and you immediately slip, there may be no time for the owner to reasonably find and fix it. In that situation, the property owner may not be negligent, even though you were hurt.
Comparative Negligence: When the Injured Person Is Also Partly at Fault
New Jersey follows a modified comparative negligence rule. That means:
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If you are 50% or less at fault, your compensation can be reduced by your percentage of fault.
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If you are more than 50% at fault, you may not recover at all.
In a slip-and-fall, a jury might ask:
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Were you texting or looking at your phone when you fell?
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Were you running, wearing very unstable shoes, or ignoring obvious warning signs?
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Did you walk into a clearly marked “Employees Only” area or step over barriers?
Comparative negligence does not automatically kill a case. But it can significantly reduce your recovery and is one more reason why these cases are fact-specific and rarely “automatic wins.”
What to Do After a Fall (Even If You’re Not Sure You Have a Case)
If you’re injured in a fall, it’s important to protect both your health and your legal rights. You should always contact a personal injury attorney to do what’s best for your individual situation, but generally, slip and fall victims should:
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Seek medical care promptly, even if symptoms seem mild at first.
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Report the incident to the property owner or manager and ask them to create an incident report.
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Take photos of the area, the hazard, your shoes, and your injuries as soon as possible.
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Get witness information (names and contact details) from anyone who saw the fall or the condition.
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Avoid giving detailed or recorded statements to insurance companies before speaking with a lawyer.
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Preserve evidence, including any clothing or footwear you were wearing.
When to Speak with a New Jersey Personal Injury Attorney
If you’ve been injured in a fall on someone else’s property in New Jersey, don’t assume it was “just an accident” and give up on your rights, or assume it’s an automatic win and guess at your next steps. A short conversation with a lawyer can help you understand whether you have a claim and what to do next.
Because slip-and-fall claims turn on details such as how long the hazard existed, what the owner knew, inspection policies, and your own actions, these cases can be more complex than people expect.
At Semeraro & Fahrney, LLC, we help injury victims across North Jersey evaluate slip-and-fall and premises liability claims, gather the right evidence, and pursue fair compensation where negligence can be proven. Anyone with questions should feel free to reach out to our qualified Personal Injury Attorneys at Semeraro & Fahrney, LLC for guidance and support.
Request a free consultation today:
Email: info@semerarolaw.com
Phone: (973) 988-5070
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Attorney Advertising. For informational purposes only; not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Written by Semeraro & Fahrney, LLC, Wayne, NJ. Last updated November 2025.
