Recovering Compensation After a New Jersey Supermarket Accident

Reviewed by Daniel P. McNerney, Esq.

The supermarket is a part of almost everyone’s weekly routine. The unfortunate reality is that 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. Unfortunately, when supermarket owners and their staff do not ensure that the premises are adequately maintained at all times, unsuspecting customers can suffer serious injuries as a result of hazardous conditions.

Common Hazard Categories

• Wet or slippery floors from spills, weather, or improper cleaning procedures (including water spilled on restroom floors or freshly mopped floors without proper hazard warning signs)
• Debris or obstructions in aisles, like boxes, merchandise, cords, and cards
• Insufficient lighting
• Uneven or damaged flooring
• Falling products, loose produce, or improperly secured, unstable displays
• Uncleared snow or ice from walkways and parking lots
• Potholes in parking lots
• Lack of adequate security
• Broken or defective grocery carts
• Improperly positioned or missing floor mats
• Unsafe, expired, or otherwise tainted food left on shelves for customers to purchase and consume
• Slippery or defective automatic entrance and exit doors
• Defective, broken, or improperly maintained sidewalks and walkways

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 do to social guests, as businesses serve invitees and other members of the general public. Failure to conduct routine inspections can leave the premises in dangerous conditions and may result in serious injuries for shoppers. In these instances, business and property owners may face liability for negligence and subsequent damages.

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. In accordance with New Jersey law, this may warrant actual or constructive knowledge of the defect, which can render the property owner liable for damages.

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 fulfilling the burden of proof and fighting for the compensation you deserve.

Types of Evidence That Support Negligence Claims

• Photos and videos of the hazardous conditions taken immediately before employees can remedy the scene
• Incident reports filed with store management (always notify the manager so they can file an official report, and obtain a copy if possible)
• Security camera footage showing the moments before, during, and after the incident
• Medical records that link the injury to the accident (providing important proof of the origin and extent of your harm)
• Maintenance logs that show whether the condition was known
• Witness statements and contact information from bystanders who can corroborate your version of events
• An official police report, which is why calling the police to the scene is important, as they can document important evidence and establish a formal report of the incident

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 (including fractured legs, a cracked pelvis, fractured hips, a fractured skull, or a fractured wrist or arm)
• Head injuries, lacerations, and concussions
• Soft tissue injuries, sprains, and strains
• Ligament damage or torn ligaments
• Traumatic brain injuries
• Back and spinal cord injuries
• Contusions, cuts, bruises, 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. If you were hurt, do not wait to get started on your case.

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
• Request and organize all medical documentation, including records, physician notes, imaging results, treatment plans, and prescription information
• Document all incurred economic losses
• File a claim before the statute of limitations expires
• Connect with an experienced Bergen County personal injury attorney to explore your legal options and assist you in the process of gathering the evidence necessary to recover the compensation you deserve

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, ultimately losing your opportunity to recover the compensation you deserve for the damages you have suffered. This deadline is strictly enforced in accordance with N.J.S.A. § 2A:14-2.

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. Our legal team understands how confusing certain legal matters can be, which is why we provide clients from all walks of life with experienced, compassionate legal guidance. If you or someone you know was injured in an accident and is seeking financial compensation, contact our legal team today