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Filing a claim after retail slip-and-fall

On Behalf of | Jun 7, 2022 | Personal Injury

Not many of us would consider walking through a grocery store as an inherently dangerous activity. However, a routine trip to the grocery store can turn into a devastating life event in a matter of minutes. Just ask the thousands of Americans who are involved in a slip-and-fall accident each year.

Many slip-and-fall victims suffer serious injuries and are unable to work for an extended period due to the severity of their injuries. By filing a lawsuit against parties liable for the accident, victims may be able to recover compensation for their medical expenses, lost wages, pain and suffering, and other expenses resulting from the incident.

Filing a premises liability claim

If you decide to file a premises liability lawsuit against the owner of the store in which you fell, you will need to show that the owner’s negligence caused your accident. More specifically, you will need to establish that:

  • There was a dangerous condition in the store that caused your accident (e.g., spilled liquid, uneven flooring, or broken step).
  • The store owner knew of or should have known of the dangerous condition.
  • The store owner failed to fix or warn of the dangerous condition.
  • You suffered injuries and/or damages because of the incident.

To prove your slip-and-fall case, you will have to present evidence, including witness testimony, incident reports, and photos/videos of the scene. The store may allege that you were partially or fully responsible for your own accident as a defense to your claims.

However, if you are found to be less than 50% liable for your accident, you can still recover damages under New Jersey’s comparative negligence laws. You will receive reduced damages based on what percentage you were at fault.

Filing a premises liability suit against a retailer is not easy but having a strong legal team behind you can be extremely beneficial to your case. A personal injury attorney can help you collect the necessary evidence and present your case in the most effective way possible.