A slip and fall can change your life in seconds. One moment you’re enjoying a night out in Atlantic City, grabbing dinner at a Pleasantville restaurant, or shopping in Somers Point, and the next you’re on the ground in pain. Beyond the embarrassment, these accidents often result in serious injuries such as broken bones, head trauma, or back injuries.
If this happened to you in South Jersey, you may be asking: Can I sue the casino, restaurant, or store for my injuries? The answer depends on New Jersey’s premises liability law and the specific details of your accident.
What Is Premises Liability in New Jersey?
Premises liability is the area of law that holds property owners accountable when unsafe conditions on their property cause harm. In New Jersey, businesses have a legal duty to provide a safe environment for customers and guests. That includes casinos, restaurants, grocery stores, retail shops, and boardwalk establishments throughout South Jersey.
If a hazardous condition exists (such as a spilled drink on a casino floor, loose carpeting in a restaurant, or slick steps outside a store) and the property owner fails to fix it or warn you, they can be held legally responsible for your injuries.
This duty of care is especially strong for business invitees, which includes customers, patrons, and guests invited onto the property for business purposes. Under New Jersey law, business owners must:
- Inspect their property regularly for dangers.
- Repair or clean up hazards promptly.
- Provide adequate warnings, such as wet floor signs.
Failure to do so may be considered negligence. If that negligence causes your slip and fall, you may be entitled to compensation.
Common Causes of Slip and Fall Accidents in Casinos, Restaurants, and Stores
Slip and fall accidents in South Jersey businesses often occur because property owners fail to fix or warn about dangerous conditions, such as:
- Uneven flooring or torn carpets: Common in busy casinos and older restaurants.
- Wet or slippery floors: Spilled drinks, freshly mopped surfaces, or leaking refrigeration units.
- Cluttered walkways or debris: Merchandise, boxes, or furniture blocking paths.
- Broken stairs or missing handrails: Leaving guests vulnerable to falls.
- Poor lighting: Making it difficult to see hazards.
- Outdoor and weather-related hazards: Rain puddles near entrances, wet boardwalks after late-summer storms, or leaves and debris creating slippery surfaces as fall begins.
While these accidents may seem minor, they can lead to severe injuries, particularly for older adults or those with pre-existing conditions.
What You Must Prove in a New Jersey Slip and Fall Case
To succeed in a slip and fall claim in New Jersey, you and your attorney must show:
- A dangerous or unsafe condition existed on the premises.
- The property owner or employees knew, or should have known, about the condition.
- They failed to fix it or provide warning within a reasonable time.
- The dangerous condition directly caused your injury.
As an illustration, if you slipped on a wet casino floor moments after another guest spilled a drink, the casino may argue they didn’t have a reasonable opportunity to clean it. But if the spill had been there for an hour with no effort to address it, the case becomes much stronger.
How Comparative Negligence Could Affect Your Case
New Jersey follows a comparative negligence rule. This means if you were partly at fault, because you overlooked a visible warning sign or you weren’t watching where you were going, your compensation may be reduced by your percentage of fault.
However, as long as you are less than 50% responsible, you may still recover damages. For example, if a jury awards $100,000 but finds you 20% at fault, you could still receive $80,000.
This is where experienced legal representation matters. At Lipari & Deiter, we prepare every case as if it will go to trial, so we can aggressively challenge unfair blame and fight for the maximum compensation available.
What Damages Can You Recover After a Slip and Fall?
A successful claim may allow you to recover compensation for:
- Medical expenses, including ER visits, surgeries, rehabilitation, and prescriptions
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
- Long-term disability or reduced quality of life
In severe cases, damages may also include the cost of future medical care and the lifelong impact of permanent injuries.
What to Do Immediately After a Slip and Fall in South Jersey
If you’ve been injured in a casino, restaurant, or store, taking the right steps immediately can make or break your case:
- Seek medical care right away. Your health comes first, and medical records are vital evidence.
- Report the incident to the property owner, manager, or security, and request a copy of the accident report.
- Take photos and video of the hazardous condition, your injuries, and the surrounding area.
- Collect witness information from anyone who saw your fall.
- Contact a South Jersey personal injury attorney before speaking with the business’s insurance company.
Insurance companies often try to downplay or deny claims. Having an attorney involved from the start ensures your rights are protected.
Can You Sue a South Jersey Casino, Restaurant, or Store?
Yes. If negligence played a role in your accident, you may have a legal claim. Businesses in South Jersey (including casinos, restaurants, and retail stores) profit from inviting guests onto their property. With that privilege comes the responsibility to keep the premises safe. When they fail, you have the right to hold them accountable through New Jersey’s premises liability laws.
Talk to Lipari & Deiter About Your Slip and Fall Case
At Lipari & Deiter, we prepare every slip and fall case as if it will go to trial, because that’s how we put our clients in the strongest position. Our legal team, which includes a Certified Civil Trial Attorney, has decades of experience fighting for injured people in Atlantic City, Pleasantville, Somers Point, and throughout South Jersey.
You don’t have to navigate the aftermath of a slip and fall alone, and you don’t pay us anything up front. We work on a contingency fee basis, which means we only get paid if we win for you. Time limits apply in New Jersey slip and fall cases, so it’s important to act quickly.
If you’ve been hurt in a slip and fall accident at a South Jersey casino, restaurant, or store, contact Lipari & Deiter today for a free consultation. Call our office or fill out our online form to learn how we can fight for the compensation you deserve.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.