Compare(0) firms picked
Guide · Slip and fall · All states

Slipped and fell in a store: who's responsible?

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

  • A store typically owes customers reasonable care to keep the premises reasonably safe, according to Cornell's Legal Information Institute, and the rules vary from state to state.
  • In New Jersey, you usually must show the store knew of the hazard or should have found it.
  • Self-service hazards may not need that proof.

Checked October 18, 2026.

Sources: Wex, Invitee; Model Civil Jury Charge 5.20F (revised November 2022). Every fact cites a source

Illustration: a store aisle with a puddle on the floor and a yellow wet floor sign
Checker

What happened?

Pick the closest one. It shows how New Jersey's rules treat it. It can't tell you whether you have a claim.

Something spilled in a self-service aisleThe self-service rule
What it is
A hazard tied to customers handling products themselves.
Why it matters
Self-service raises the risk that a hazard goes unnoticed.
The rule
If the hazard comes from the self-service setup, you may not need to prove the store knew about it. The store must then produce evidence that it acted as a reasonably prudent business would.
What you can do now

Photograph the spot and the aisle, and ask for a copy of the incident report.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
It looked like it had been there a whileConstructive notice
What it is
A hazard the store should have found.
Why it matters
A store must make reasonable inspections.
The rule
Constructive notice means the condition was there long enough that a careful owner should have found it.
What you can do now

Note anything that shows how long it was there, and who saw it.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
Staff knew about itActual notice
What it is
A hazard the store knew about.
Why it matters
Then the question is whether it had time to fix it or warn people.
The rule
Actual notice counts when the store knew in time to correct the hazard with reasonable care.
What you can do now

Write down who said what, and when, while you remember.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
It was on town or State propertyA much shorter deadline
What it is
A claim against a public entity.
Why it matters
Its notice deadline is far shorter than the usual deadline to sue.
The rule
Written notice of a claim against a New Jersey public entity is due within 90 days.
What you can do now

Write down the exact place and date, and photograph it now.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

NJWhat a business owes you

A New Jersey business must use reasonable care to keep its premises reasonably safe for customers. That includes reasonable inspection to find hazards.

Source: Model Civil Jury Charge 5.20F (revised November 2022)

NJWhat has to be shown about the hazard

Being hurt in a store doesn't by itself make the store responsible. Usually one of these has to be shown.

NJThe store knew

Actual notice, in time to fix the hazard or warn people.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
NJThe store should have known

Constructive notice: the hazard was there long enough that reasonable care would have found it.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
NJThe self-service rule

If the hazard comes from a self-service setup, notice may not need proving. The store must then produce evidence that it acted reasonably.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
NJYour share of the fault

It cuts what you recover. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

What to keep

These are easiest to collect right away.

  1. A copy of the incident reportAsk the store for it, or for its report number.
  2. Photos of the spotThe floor, the aisle, signs or no signs, and your shoes.
  3. Your receiptIt shows you were there as a customer, and when.
  4. Names of witnessesCustomers and staff who saw it or helped.
  5. Medical records and billsFrom the first visit on.

NJThe deadlines

  1. Sue a business, in generalN.J.S.A. 2A:14-2(a)2 years after the injury
  2. A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

What does a store owe customers?

Cornell's Legal Information Institute says the duty owed to an invited visitor is typically reasonable care to keep the premises reasonably safe, and to warn of known dangers that aren't open and obvious. The rules vary from state to state.

Is a store responsible if I slip and fall in New Jersey?

Not automatically. A business must use reasonable care to keep its premises reasonably safe. Usually it must have known of the hazard or should have found it.

What do I have to prove in a slip and fall case in New Jersey?

Usually that the business knew about the hazard in time to fix it, or that it was there long enough that reasonable care would have found it. When the hazard comes from customers handling products themselves, that may not be needed.

What if I was partly at fault for my fall?

Your share of the fault cuts what you recover. In New Jersey, above 50% at fault, you recover nothing.

How long do I have to sue after a fall in New Jersey?

Generally 2 years. If a town or the State owns the place, written notice is due within 90 days.

More on slip and fall

Next stepsA guide, not a lawyer