The supermarket is a part of almost everyone’s weekly routine. The unfortunate reality is, whether you love the supermarket or hate it, supermarkets are very often dangerous. Nobody imagines having a serious accident in the supermarket; however, it happens, and if it has happened to you, there is a very good chance you are seeking financial compensation to help cover the cost of your medical bills, in-home care, lost wages, and more. Read on to learn more about supermarket accidents and how you can recover the compensation you need. Here are some of the questions you may have:
Common Causes of Supermarket Accidents in Bergen County
In most instances, accidents in or around supermarkets in Bergen County are the result of unsafe conditions that are not properly addressed by the owners or store managers.
Common Hazard Categories
- Wet or slippery floors from spills, weather, or improper cleaning procedures
- Debris or obstructions in aisles, like boxes, merchandise, cords, and cards
- Insufficient lighting
- Uneven or damaged flooring
- Falling products or improperly secured displays
- Uncleared snow or ice from walkways and parking lots
- Pot holes in parking lots
It’s necessary to understand that supermarket owners are expected to conduct reasonable inspections of the property to identify and remedy hazardous conditions. Businesses owe a higher standard to invitees than private residences owe to social guests, as businesses serve invitees and other members of the general public.
Legal Duty and Negligence in New Jersey Premises Liability Claims
In order for a business to be held liable for unsafe conditions that lead to injuries in New Jersey, the injured party must establish negligence and duty-of-care principles. These duty and negligence rules are outlined in the New Jersey Court model jury instructions and common law principles that govern premises liability law in the state.
In New Jersey, a supermarket can face liability for an injury if a dangerous condition existed on the premises, the store owner knew or should have known it existed, and failed to remedy the condition in a reasonable time or provide adequate warning to customers. This ensures that businesses have a fair and reasonable amount of time to uncover and fix a hazard before an injury occurs.
What Duty Supermarkets Owe Customers
- Supermarkets have a legal obligation to exercise reasonable care and maintain safe conditions for customers (invitees)
- Invitees are owed the highest duty of care under New Jersey premises liability law, requiring owners to regularly inspect and remedy dangerous conditions or warn those on the property of the hazards
- To recover compensation, the victim must show:
- The supermarket owed them a duty of care
- The supermarket breached that duty by failing to remedy hazardous conditions that it knew or should have known existed
- The hazardous condition caused an injury
- That injury resulted in damage to the victim
Proving Bergen County Supermarket Negligence and Liability
When you are injured in a supermarket in or around Bergen County, gathering evidence to link your injuries to the dangerous condition is critical to fighting for the compensation you deserve.
Types of Evidence That Support Negligence Claims
- Photos and videos of the hazardous conditions
- Incident reports filed with store management
- Security camera footage showing the moments before, during, and after the incident
- Medical records that link the injury to the accident
- Maintenance logs that show whether the condition was known
- Witness statements from others in the store
What Injuries Are Commonly Sustained in NJ Supermarkets?
Unfortunately, due to the number of hazards that may arise in New Jersey supermarkets, there are a number of injuries someone may face. Familiarizing yourself with the common injuries can help you quickly identify and receive treatment for the harm you’ve suffered.
Frequent Injuries
- Broken or fractured bones
- Head injuries and concussions
- Soft tissue injuries
- Ligament damage
- Traumatic brain injuries
- Back and spinal cord injuries
- Contusions and lacerations
How to Recover Compensation After a Supermarket Accident
If you have suffered damages following a Bergen County supermarket accident, you will need to file a premises liability claim against the owner of the property or store.
How to Build a Successful Claim in New Jersey
- Immediately report the incident to store management
- Take photos and videos of the hazard before employees remedy the dangerous condition
- Preserve all surveillance footage of the accident
- Seek immediate medical attention
- Document all incurred economic losses
- File a claim before the statute of limitations expires
What Is The Statute Of Limitations For Premises Liability Claims In New Jersey?
The statute of limitations is the legally acceptable amount of time you have to file a lawsuit against another person. In New Jersey, the statute of limitations for premises liability claims is two years, which means you will have two years from the date of your accident to sue a negligent property owner. If you do not file within two years, you will be barred from suing.
What Damages Might I Be Eligible to Recover?
In the event you have suffered damages as a result of the injuries sustained by hazardous supermarket conditions, understanding the compensation you may be eligible to receive is critical. In general, you are typically eligible to seek economic and non-economic damages.
Common Damages Sought in a Premises Liability Claim
- Current and future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Permanent disability
Contact Our Bergen County Personal Injury Attorneys
When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. As a victim, your only job is to call McNerney & McAuliffe, and we will take it from there. Please, do yourself a favor and do not wait. If you or someone you know was injured in an accident and is seeking financial compensation, contact our legal team today.