Can You Sue A Store If You Fall In Their Parking Lot In Bergen County, NJ?

By Doug Standriff on March 1, 2025
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Slipping and falling in a store parking lot may seem like a minor accident. However, it can lead to serious injuries. However, can you sue a store if you fall in their parking lot? It depends on the circumstances.

Premises liability law holds property owners responsible for keeping their properties safe. This extends to parking lots. If a store fails to maintain its parking lot and you are injured as a result, you may have grounds to file a lawsuit.

Can You Sue a Store If You Fall in Their Parking Lot? – Premises Liability Law in New Jersey

In New Jersey, premises liability law requires property owners to maintain their property in a safe condition. This duty applies to both indoor and outdoor areas, including parking lots.

Store owners are responsible for addressing hazards in their parking lot, such as icy spots, potholes, or debris. If the store fails to correct these issues and you are injured as a result, you may have the right to sue.

However, proving the store’s negligence is how you win the case. You will need to demonstrate that the store knew or should have known about the hazard that caused your fall. You have to prove they failed to take action to address it in a timely manner.

Common Hazards in Store Parking Lots

There are several hazards that are commonly found in store parking lots, any of which could lead to a slip and fall accident:

  • Icy Patches: During winter months, ice can form on parking lots, creating a dangerous, slippery surface. If the store fails to salt or shovel the area, they may be held responsible for injuries caused by a slip.
  • Potholes or Cracks: Uneven pavement or potholes in a parking lot can be a serious hazard. In case the store is aware of these problems and does not fix them, they could be liable for any injuries they may cause.
  • Debris or Obstacles: Garbage, construction materials, or other obstacles left in the parking lot can be dangerous. Stores are responsible for keeping the lot free of any items that could cause someone to trip or fall.
  • Poor Lighting: A dimly lit parking lot makes it harder for customers to spot hazards. If the store fails to maintain proper lighting, they could be responsible if an injury occurs due to poor visibility.

If any of these hazards caused your fall, you may have grounds to sue for compensation. However, you will need to prove that the store was negligent in addressing these issues.

Proving Negligence in a Slip and Fall Case

Having a valid case against a store for a fall in their parking lot requires proving that the store’s negligence directly caused your injury. To do this, there are several factors you need to demonstrate:

  • The Store Knew or Should Have Known About the Hazard: You must prove that the store was aware of the hazardous condition in the parking lot or should have been aware of it. If the ice, pothole, or other hazard had been present for a long time, it would have been easier to show that the store should have taken action.
  • The Store Failed to Address the Hazard: Once the store knows about the hazard, they are required to take reasonable steps to fix it. If they didn’t, this may demonstrate negligence.
  • Causation: You will need to show that the hazard directly caused your injury. This means linking the specific condition (e.g., ice, crack in the pavement) to the fall.
  • Damages: You must prove that your injuries resulted in actual damages. This can include medical bills, lost wages, pain and suffering, and other related expenses.

Collecting Evidence After a Slip and Fall Accident

If you fall in a store parking lot, it’s important to gather as much evidence as possible to support your case. This evidence can help prove that the store was negligent and that their failure to address a hazard led to your injury.

  • Take Photos: Document the area where you fell. Take pictures of the hazard, be it ice, a pothole, or debris. In addition, take pictures of your injuries, if possible.
  • Witness Statements: If anyone witnessed your fall, get their contact information. Their testimony could be vital in proving your case, especially if they saw the hazardous condition or noticed that the store had failed to address it.
  • Medical Records: Keep all records related to your injury. This includes doctor’s visits, hospital bills, and any other medical treatments you received after the accident.
  • Accident Report: If the store has an accident report or incident log, request a copy. This can serve as formal documentation that the store was made aware of the accident.

The Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury lawsuit, including slip and fall cases, is two years from the date of the accident.

If you fail to file within this time frame, you may lose the right to seek compensation. That’s why it’s important to act quickly and contact an attorney as soon as possible after your fall.

Bergen Law: Your Trusted Slip and Fall Lawyers in Bergen County, NJ

If you’ve been injured in a slip and fall accident, you deserve compensation. Bergen Law’s skilled personal injury attorneys in Bergen County, Douglas Standriff and Marissa Messinger, specialize in slip and fall cases.

With over 30 years of experience, Douglas Standriff is certified as a Civil Trial Attorney by the New Jersey Supreme Court. This demonstrates his expertise in handling complex injury cases. This certification gives you confidence that your case is in capable hands.

We know how to build a strong case and fight for the compensation you deserve. From gathering evidence to negotiating with insurance companies, we handle every aspect of your case. Contact us today for a free, confidential consultation.

Let Bergen Law guide you through the legal process and help you recover damages for your injuries.

Category: Slip and fall accidents