What to Do if Injured in a Public Space or Retail Store in New Jersey

January 2, 2025

Suffering an injury in a public space or retail store can be overwhelming and confusing. In New Jersey, property owners and businesses are legally obligated to maintain safe environments for visitors. When they fail to meet this duty, resulting in injuries, victims have the right to seek compensation. This guide will walk you through the critical steps to take after such an injury, the importance of understanding New Jersey premises liability law, and why hiring an experienced attorney is essential to securing justice.

Immediate Steps to Take After an Injury in a Public Space or Retail Store

Prioritize Your Health and Safety

Your health is paramount. Seek medical attention immediately, even if you believe the injury is minor. Some injuries, such as concussions or internal injuries, may not present symptoms right away. A thorough medical evaluation ensures proper treatment and creates essential documentation linking your injury to the incident.

Report the Incident

Notify the store manager, property owner, or security personnel about the accident as soon as possible. Request that they file an incident report, and ensure you receive a copy for your records. If no written report is created, document the person you spoke to and the details of your conversation.

Gather Evidence

Take photographs or videos of the accident scene, including any hazards such as wet floors, broken pavement, or inadequate signage. Capture your injuries and any visible property damage. If possible, collect the names and contact information of witnesses who can corroborate your account.

Preserve All Documents

Retain medical records, receipts for out-of-pocket expenses, and any correspondence related to the incident. These materials will strengthen your claim and help calculate fair compensation for your damages.

Understanding Premises Liability in New Jersey

Premises liability is the legal framework governing injuries that occur on another person’s property due to unsafe conditions. Under New Jersey law, property owners and managers have a duty to maintain safe premises. When they neglect this responsibility, they may be held liable for resulting injuries.

Common Hazards in Public Spaces and Stores

Slippery floors due to spills or cleaning
Poor lighting in parking lots or stairwells
Defective sidewalks or uneven surfaces
Falling objects from poorly stocked shelves
Lack of warning signs for known hazards

Comparative Negligence in New Jersey

New Jersey operates under a modified comparative negligence rule, which allows injured parties to recover damages even if they share some fault for the accident—provided they are not more than 50% responsible. If you are partially at fault, your compensation will be reduced in proportion to your percentage of fault. For example, if you are found 20% at fault for a slip and fall accident, and your total damages are $100,000, you would still be eligible to recover $80,000.

This system emphasizes the importance of building a strong case to minimize any claims of shared fault. Working with a knowledgeable attorney ensures that evidence is properly presented to demonstrate the property owner’s negligence and limit any unfair attributions of responsibility to you.

How Compensation Works in Public Space Injury Claims

Victims of public space or retail store injuries may be entitled to various types of compensation, including:

Medical Expenses: This includes past, present, and future medical costs, such as doctor visits, surgeries, physical therapy, and prescription medications.
Lost Wages and Reduced Earning Capacity: If your injury prevents you from working, you may recover compensation for lost income. Severe injuries that affect your ability to earn in the future may warrant additional damages.
Pain and Suffering: Physical pain and emotional distress caused by the accident are considered non-economic damages and are compensable in New Jersey.
Out-of-Pocket Costs: Expenses for transportation to medical appointments, home modifications, or hiring help with daily tasks can also be reimbursed.

The Role of an Attorney in Premises Liability Cases

Navigating a premises liability claim after an injury in a public space or retail store requires a thorough understanding of New Jersey law and a strategic approach to gathering evidence. A skilled personal injury attorney serves as your advocate, guiding you through the legal process and ensuring you have the strongest possible case to secure fair compensation.

Why Bramnick Law is the Right Choice for Your Injury Claim

At Bramnick Law, we pride ourselves on offering exceptional legal representation for injured clients throughout New Jersey. Here’s what sets us apart:

Comprehensive Legal Knowledge: Our attorneys possess a deep understanding of premises liability laws and stay updated on changes that could affect your case. This ensures that every aspect of your claim aligns with current New Jersey statutes.
Meticulous Case Preparation: We know that successful claims require detailed investigations. From analyzing accident reports to consulting experts and collecting witness statements, we leave no stone unturned in building a compelling case.
Tailored Strategies for Every Case: No two cases are identical. Our team takes the time to understand your unique circumstances, crafting personalized strategies to maximize your recovery while addressing your specific needs.
Demonstrated Results: With a proven record of securing substantial settlements and verdicts, Bramnick Law is committed to achieving justice for injury victims. Our successes speak to our dedication and effectiveness as advocates for our clients.

Choosing Bramnick Law means selecting a firm that prioritizes your well-being while fighting tirelessly to protect your rights. From filing claims promptly to negotiating with insurers, we handle the legal complexities so you can focus on healing.

How to Strengthen Your Injury Claim

Taking proactive steps can significantly improve your chances of a successful claim:

Follow Medical Advice

Adhere to your doctor’s recommendations and attend all follow-up appointments. Skipping treatment could weaken your claim by giving the impression that your injuries are not severe.

Avoid Speaking with Insurance Adjusters Alone

Insurance companies often try to minimize payouts. Refrain from providing recorded statements or signing documents without consulting your attorney.

Document Your Recovery

Keep a journal detailing your physical pain, emotional challenges, and any lifestyle changes caused by the injury. These records can support your claim for pain and suffering damages.

Common Challenges in Premises Liability Cases

Premises liability claims are often met with resistance from property owners and their insurers. Common defenses include:

Claiming the Hazard Was Obvious: Arguing that you should have noticed and avoided the danger.
Blaming the Victim: Asserting that your negligence contributed to the accident.
Disputing the Hazard’s Existence: Denying that the unsafe condition was present or known to them.

Experienced attorneys at Bramnick Law know how to counter these tactics effectively, ensuring that your case is not undervalued.

Preventing Public Space and Retail Store Injuries

While accidents are sometimes unavoidable, you can take precautions to reduce your risk:

Be Alert: Pay attention to your surroundings and look for warning signs or hazardous conditions.
Wear Appropriate Footwear: Shoes with good traction can help prevent slips and falls.
Avoid Distracted Walking: Texting or using your phone while walking increases the likelihood of accidents.

Call Bramnick Law: Trusted Advocates for Injured Victims in New Jersey

Act Now to Protect Your Rights

If you’ve been injured in a public space or retail store in New Jersey, don’t wait to seek legal assistance. Bramnick Law is dedicated to helping victims secure the compensation they deserve. With offices conveniently located in Scotch Plains, Newark, Clifton, and Cherry Hill, their team is ready to serve clients across the state, including cities like Edison, Elizabeth, Hackensack, Morristown, and Camden.

Contact Bramnick Law Today

Call 866-845-5571 or fill out our online contact form today to schedule a free consultation. Let the experienced attorneys at Bramnick Law handle your case while you focus on recovery.

By choosing Bramnick Law, you’re selecting a team committed to justice, dedicated to your well-being, and determined to achieve the best possible outcome for your case. Reach out now to start your journey toward recovery and compensation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content is intended to provide general information and should not be relied upon as a substitute for professional legal counsel. For advice specific to your situation, please consult an attorney.