NJ Shopping Center Pays $2M After Paver Walkway Fall: What Are Your Rights?

Slips, trips, and falls might seem like minor mishaps, but they can lead to serious injuries and significant financial burdens. In New Jersey, property owners have a responsibility to maintain safe premises for visitors. When they fail to do so, and someone gets hurt, the injured party may have grounds for a premises liability lawsuit. Recently, a New Jersey shopping center paid \$2 million to settle a case involving a man who fell on an improperly maintained paver walkway. This raises an important question: If you’re injured in a fall on commercial property, what are your rights?

Understanding Premises Liability in New Jersey

Premises liability law in New Jersey dictates that property owners must take reasonable steps to ensure the safety of their visitors. This duty of care extends to shopping centers, malls, grocery stores, and other commercial establishments. Property owners aren’t necessarily liable for every injury that occurs on their property. To win a premises liability case, you generally need to prove the property owner was negligent.

Under New Jersey law, a property owner or occupier can be held legally responsible for a dangerous property condition if:

The property owner or occupier directly caused the dangerous condition that led to your injury.
The property owner or occupier was aware of the dangerous condition but failed to undertake reasonable efforts to fix it.
The property owner or occupier should have been aware of the dangerous condition because a reasonable person would have discovered it and undertaken reasonable efforts to fix it.

This responsibility varies depending on why you were on the property at the time of the injury. Under New Jersey law, you will either be labeled as an invitee, licensee, or trespasser.

Invitee: If you were on the premises for the property owner’s or occupier’s business purposes, then the owner or occupier owed a duty to inspect the property to ensure that it was safe.
Licensee: If you were on the premises as a social guest, the property owner has a responsibility to warn you of any dangerous conditions.
Trespasser: A property owner only needs to refrain from wantonly injuring a trespasser.

Common Hazards in Shopping Centers

Shopping centers can present various hazards that can lead to slip, trip, and fall accidents. Some of the most common include:

Uneven surfaces: Cracks, potholes, and improperly maintained paving stones can create tripping hazards.
Spills: Leaks, spills of food or beverages, or tracked-in rain or snow can create slippery surfaces.
Poor lighting: Inadequate lighting in parking lots, walkways, or inside stores can make it difficult to see hazards.
Obstructions: Merchandise, boxes, or other objects left in walkways can create tripping hazards.
Snow and ice: Failure to properly remove snow and ice from walkways and parking lots can create dangerous conditions during the winter months.

The $2 Million Paver Walkway Settlement: A Case Study

A recent case highlights the potential consequences of neglecting property maintenance. In this instance, a New Jersey man who used a wheelchair was awarded \$2 million after tripping and falling on a paver walkway at Towne Center Mall in Flemington. The walkway was made with improperly maintained paving stones, according to his attorney. This case underscores the importance of property owners regularly inspecting and maintaining their premises to prevent accidents.

What To Do If You’ve Been Injured

If you’ve been injured in a slip and fall accident at a shopping center or other commercial property in New Jersey, here are some steps you should take:

Seek medical attention: Your health is the top priority. Get prompt medical treatment for your injuries.
Report the incident: Notify the property owner or manager about the accident and make sure they create an incident report.
Gather evidence: If possible, take photos of the hazard that caused your fall, as well as your injuries. Collect contact information from any witnesses.
Document your expenses: Keep track of all medical bills, lost wages, and other expenses related to your injury.
Consult with an attorney: A New Jersey premises liability attorney can evaluate your case, advise you of your rights, and help you pursue compensation for your injuries.

Proving Negligence: The Elements of a Premises Liability Claim

To win a premises liability case in New Jersey, you must prove that the property owner’s negligence caused your injuries. This generally involves establishing the following four elements:

Duty of care: The property owner owed you a duty to maintain a safe premises.
Breach of duty: The property owner breached that duty by failing to exercise reasonable care.
Causation: The property owner’s breach of duty was the direct and proximate cause of your injuries.
Damages: You suffered actual damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Comparative Negligence: What If You Were Partially at Fault?

New Jersey follows the principle of modified comparative negligence. This means that you can recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not greater than 50%. However, your damages will be reduced by your percentage of fault. For example, if you are awarded \$10,000 in damages but are found to be 20% at fault, you will only receive \$8,000.

Time Limits for Filing a Lawsuit: The Statute of Limitations

In New Jersey, the statute of limitations for personal injury cases is generally two years from the date of the accident. This means that you must file a lawsuit within two years of the date you were injured, or you will lose your right to sue. It’s crucial to contact an attorney as soon as possible after an accident to ensure that your claim is filed within the time limit.

Seeking Compensation for Your Injuries

If you’ve been injured in a slip and fall accident due to a property owner’s negligence, you may be entitled to compensation for the following damages:

Medical expenses: This includes past and future medical bills, such as hospital stays, doctor visits, physical therapy, and medication.
Lost wages: You can recover lost income if your injuries have prevented you from working.
Pain and suffering: You may be compensated for the physical pain and emotional distress you have experienced as a result of your injuries.
Permanent disability: If your injuries have resulted in a permanent disability, you may be entitled to additional compensation.

Do you have a case?

The \$2 million settlement in the paver walkway case serves as a reminder of the serious consequences that can result from poorly maintained premises. If you’ve been injured in a slip and fall accident at a shopping center or other commercial property in New Jersey, it’s essential to understand your rights and take steps to protect them. Contacting a qualified premises liability attorney is the first step in determining whether you have a valid claim and pursuing the compensation you deserve.