New Jersey Slip and Fall Attorneys

Statute of Limitations

2 years

2 years from the date of injury (N.J.S.A. § 2A:14-2)

Fault Rule

51%

Modified comparative fault with a 51% bar (N.J.S.A. § 2A:15-5.1) — recovery barred if you're more at fault than the defendants

Mode-of-Operation Rule

Self-service businesses

Self-service businesses may be liable without proof of specific notice when the operation creates a foreseeable risk of hazards (Nisivoccia v. Glass Gardens)

Commercial Sidewalk Liability

Commercial owners

Commercial owners must maintain abutting public sidewalks, including snow and ice removal (Stewart v. 104 Wallace Street); residential owners generally exempt

Visitor Classification

Unified duty

Unified duty of reasonable care under Hopkins v. Fox & Lazo Realtors (1993)

Public-Entity Notice

90 days

New Jersey Tort Claims Act — written notice of claim within 90 days (N.J.S.A. § 59:8-8)

Because New Jersey premises law is a patchwork of doctrines, and picking the right one is half the case. The Supreme Court moved toward a unified duty of reasonable care in Hopkins v. Fox & Lazo Realtors (1993), so the old invitee/licensee labels matter less here than in neighboring states. The mode-of-operation rule from Nisivoccia v. Glass Gardens means self-service businesses — supermarkets, salad bars, big-box stores — can be liable without proof of specific notice when their business model foreseeably puts hazards on the floor. New Jersey is also unusual on sidewalks: under Stewart v. 104 Wallace Street, commercial property owners are responsible for the public sidewalk abutting their property — including snow and ice — while residential owners generally are not. Layer on the 51% bar of N.J.S.A. § 2A:15-5.1 and the unforgiving 90-day Tort Claims Act notice (N.J.S.A. § 59:8-8), and the difference between a strong claim and a dead one is often which framework your lawyer invokes in week one.