Slip and fall accidents can change a person’s life in an instant, and unfortunately, they are amongst the most common types of accidents a person can experience. That momentary loss of footing can lead to broken bones, head trauma, spinal injuries, or chronic pain that disrupts work, independence, and even everyday activities. At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, our attorneys have seen firsthand how serious these accidents can be and how quickly property owners and insurance companies rush to deny responsibility.
Our firm has spent decades fighting for injured clients across New Jersey in premises liability cases involving both commercial and residential property owners. We understand that these cases are about more than proving someone slipped. These cases are about proving why that fall happened, who failed to act, and what justice truly means for the injured person.
What sets Scura Law apart is our strategic trial preparation infrastructure, including a fully equipped in-house mock courtroom, mock jury testing, and direct collaboration with two retired presiding judges. These resources allow us to evaluate each case with precision, strengthen our courtroom presentation, and anticipate defense arguments long before trial.
This innovative approach has made Scura Law one of New Jersey’s leading slip and fall injury law firms and is the reason we are trusted by so many clients who have suffered serious and often life-changing injuries caused by unsafe property conditions.
Understanding Slip and Fall Accidents Under New Jersey Law
Under New Jersey’s premises liability laws, landlords and property owners must maintain reasonably safe conditions for people who enter their property. When they fail to do so and someone is injured as a result, they can be held legally and financially responsible.
In addition to the wrongful death claim, New Jersey recognizes a related but separate cause of action called a “survival action” under N.J.S.A. 2A:15-3. This allows the estate to recover damages for the pain, suffering, and economic loss the decedent experienced between the time of injury and death.
A slip and fall accident typically occurs when someone loses their balance because of a hazardous condition on another person’s property, such as a wet floor, icy walkway, broken step, or uneven surface. To succeed in a legal claim, the injured person must show that:
- The property owner/ landlord owed a duty of care to the injured person to maintain the premises in a reasonably safe condition;
- The owner or landlord breached that duty by allowing a dangerous condition to exist;
- That breach was both the actual and reasonably foreseeable (proximate) cause of the injured party’s fall; and
- The injured party suffered damages as a result of the accident.
New Jersey follows the modified comparative negligence rule, meaning that the victim can recover damages only if they are 50% or less at fault for the incident. If, for example, a jury finds a victim to be 20% responsible for their own fall occurring, then the victim will be awarded damages, but it will be reduced by 20%. However, if the victim is found to be 51% at fault for their own fall, then unfortunately they will be awarded nothing.
What to Do After a Slip and Fall Accident
If you suffer a slip and fall injury in New Jersey, the steps you take immediately afterward can make a significant difference in your ability to recover compensation:
- Seek medical care right away, even if injuries seem minor. Documentation is critical.
- Take photos and videos of the condition that caused your fall, including lighting, weather, and floor surfaces.
- Report the incident to the property owner, store manager, landlord or police when applicable, and request a written report.
- Collect witness information and contact details.
- Preserve your shoes and clothing because they may end up being relevant evidence.
- Avoid giving statements to insurance representatives before consulting an attorney.
- Contact an experienced New Jersey slip and fall attorney as soon as possible.
New Jersey law gives victims two years from the date of the accident to file a lawsuit, but evidence can disappear long before that. Acting quickly ensures your attorney can secure proof before it’s lost. It’s also important to note that if the injury occurred on government or public property, you must typically file a notice of your claim with that public entity within 90-days of your incident to preserve your right to pursue compensation under the New Jersey Torts Claim Act.
Slip and Falls on Commercial Property
New Jersey law differentiates between slip and fall accidents that occur on commercial versus residential properties, with commercial property owners typically owing a greater duty of care to maintain safe conditions than residential homeowners.
Commercial slip and fall cases generally involve hazards in stores, restaurants, apartment complexes, office buildings, and parking lots. Critically, even two-family homes are considered to be commercial properties. Owners of such properties have the highest duty of care to maintain safe premises for their customers and tenants.
Common causes of commercial property accidents include:
- Spilled liquids not promptly cleaned up
- Uneven or cracked pavement in parking lots
- Loose handrails or missing guardrails on stairways
- Inadequate lighting in hallways or garages
- Failure to remove ice and snow in a timely manner
Furthermore, the New Jersey Supreme Court has recently determined that commercial property owners have a legal obligation to also maintain the public sidewalks adjoining their property in a reasonably safe condition.
In all of these types of cases, evidence preservation is critical. Surveillance footage may be deleted, maintenance logs altered, or warning signs placed after the fact. Our attorneys act quickly to issue video and evidence preservation letters, secure witness statements, and document the dangerous condition before it potentially gets repaired.
We frequently work with building and safety code experts to identify violations of New Jersey building codes or other local property maintenance standards, which provides powerful evidence that a hazard was preventable and that the property owner failed to meet their legal duty.
Our firm has successfully represented clients in claims against numerous companies across New Jersey, ensuring they are held accountable for unsafe premises.
Slip and Falls on Residential Property
Residential slip and fall accidents are falls that occur in single-family homes and are treated differently than those that occur on commercial properties under New Jersey law. While residential property owners are typically liable for falls that occur on their property, they are generally not responsible for injuries caused by natural conditions on adjacent public sidewalks unless their own actions created or worsened the hazard.
For injuries that occur on the homeowner’s property, the duty of care owed depends on what the victim’s legal status was:
- Business Invitees (e.g., tenants, cleaning personnel) are owed a high duty of care.
- Licensees (e.g., social guests) must be warned of known hidden dangers.
- Trespassers are owed minimal duty to only the extent that homeowners may not intentionally cause them harm.
Common residential hazards include:
- Poorly maintained staircases
- Loose carpeting or rugs
- Snow and ice accumulation not timely removed
- Unlit steps or walkways
Many of these claims involve homeowner’s insurance, meaning that victims often face seasoned insurance adjusters working to minimize payouts. Our firm handles all communications with insurers, ensuring our clients never say anything that can be misconstrued or used against them.
We also understand that residential slip and fall cases often involve sensitive relationships, such as when an accident occurs at the home of a friend or relative. Our attorneys approach these matters with discretion, focusing on the insurance coverage rather than personal conflict.
Damages Recoverable in Slip and Fall Claims
Victims of slip and fall accidents may be entitled to compensation for both economic and non-economic losses, including:
- Medical expenses (past and future)
- Rehabilitation and therapy costs
- Lost income and reduced earning potential
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
- Property damage (such as broken eyeglasses or phones)
The Real Impact of Slip and Fall Injuries
Slip and fall injuries are sometimes dismissed as “minor” accidents but our experience tells a different story. Many victims suffer serious, long-term harm, and the stakes are high for both the injured person and their family. A settlement or verdict must often sustain a client and client’s family for decades. Insurance companies and defense counsel understand this, and they devote vast resources to minimize payouts. Remember that the insurance companies are always looking to pay less!
- Fractures of the wrist, hip, or ankle
- Traumatic brain injuries or concussions
- Back and spinal cord damage
- Torn ligaments or rotator cuff injuries
- Chronic pain and mobility loss
These types of injuries often require surgery, extensive rehabilitation, and long-term physical therapy. Victims may be forced to miss months of work or may never be able to return to their previous employment. The resulting financial burden from medical expenses, lost wages, and ongoing care can often be overwhelming without experienced legal representation at your side.
Many firms rely solely on negotiation or mediation without fully understanding how a jury might perceive the case’s strengths and weaknesses. At Scura Law, we take the opposite approach: we prepare every slip and fall injury case as if it will go to trial. From the outset, our attorneys work closely with expert witnesses, life care planners, and economists to quantify every aspect of loss. Then we take the critical next step by testing those findings in our on-site mock courtroom.
How Scura Law Builds Slip and Fall Cases
Our approach blends meticulous investigation with powerful courtroom preparation:
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Accident reconstruction and expert analysis of the hazard, lighting, and maintenance history.
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Collaboration with medical experts to document injuries and long-term prognosis.
- Economic evaluations to quantify lost wages, diminished earning capacity, and future care costs.
- Mock jury testing to refine our narrative and anticipate juror responses.
- Judicial consultation to evaluate motions, settlement ranges, and trial strategy.
This level of preparation allows us to negotiate from a position of strength. Insurance companies recognize when a case has been thoroughly tested and are more likely to offer fair settlements. And when trial becomes necessary, we enter the courtroom with arguments that have already been vetted and proven to be persuasive to both judges and juries.
Why Slip and Fall Cases Require Serious Trial Preparation
Insurance carriers know that most law firms will accept early settlements. At Scura Law, we prepare every case as if it will go to trial. Our slip and fall attorneys collaborate with building-code experts, engineers, medical professionals, and economists to build the strongest possible claim. Then we continually test our case through mock jury trials held in our in-house courtroom.
Our attorneys present evidence, witness testimony, and visual exhibits before real mock jurors drawn from the community. Their feedback tells us:
- How jurors perceive our client’s injuries and credibility
- Whether they find the property owner’s excuses believable
- What damages they consider fair and justified
- Which arguments and visuals have the greatest emotional impact
By refining our presentation through these mock trials, we are able to enter the real trials with confidence and insight that few firms in New Jersey can match.
Strategic Guidance from Two Retired Presiding Judges
Our firm is also privileged to have two retired presiding judges working at our firm. Judge Thomas Brogan and Judge Randal Chiocca actively collaborate with our trial teams and their decades of experience on the bench give our clients access to an unparalleled level of strategic insight.
They provide our attorneys with realistic assessments of case value, share insight into how judges and juries are likely to respond to particular arguments, and offer candid feedback on trial strategy, jury selection, and the presentation of evidence. Their insight turns our trial preparation into a truly practical process. Their guidance allows us to avoid having to merely speculate how a court might view a motion, evidentiary issue, or settlement demand.
This unique combination of judicial experience and real-world trial testing distinguishes Scura Law from nearly every other personal injury firm in New Jersey.
Contact Scura Law for a Free Consultation
If you or someone you love has been injured in a slip and fall accident in New Jersey, you deserve a firm that is prepared to fight and prepared to win.
Call Scura Wigfield Heyer Stevens & Cammarota, LLP at (973) 696-8391 to schedule a free consultation with one of our experienced New Jersey slip and fall attorneys.
When you choose Scura Law, you’re not just hiring a lawyer. At Scura Law, you’re partnering with a team that combines innovation, insight, and experience to achieve the justice you deserve.