Wayne, NJ Slip and Fall Lawyer
Stores, restaurants, parking lots and apartment buildings in Totowa, Pompton Lakes, Little Falls, Lincoln Park and across Wayne have a duty to keep their property safe. When a wet floor, broken step or icy walkway causes a fall, the owner may be responsible.
Quick answers
How long do I have to file a slip and fall claim in Wayne, NJ?
In most New Jersey slip and fall cases you have two years from the date of the injury to file a lawsuit under N.J.S.A. 2A:14-2. If a town, county, state agency or NJ Transit may be responsible, a written notice of claim is generally due within 90 days.
Waiting also costs evidence: video is overwritten, vehicles are repaired and witnesses move. Calling early protects both the deadline and the proof. If the claim involves a Passaic County road, park or building owned by the government, the 90-day notice goes to that public entity.
When is a property owner responsible for a slip and fall?
A business or property owner must use reasonable care to keep the property safe for visitors. They can be responsible when they created a hazard, or knew or should have known about it and failed to fix it or warn people in time. Stores using self-service displays may face stricter rules.
Photos of the hazard, the shoes you wore and an incident report taken the same day often decide these cases.
What if a town, county or the State is responsible?
Claims against New Jersey public entities fall under the Tort Claims Act, N.J.S.A. 59:1-1 and following. A written notice of claim generally must be filed within 90 days of the injury, and the Act adds rules on dangerous conditions of public property and a threshold for pain and suffering damages.
Missing the 90-day notice can end a claim, though a court may allow late notice within one year for good reason.
Where is a Wayne, NJ injury lawsuit filed?
Most injury lawsuits arising in Wayne are filed in the Superior Court of New Jersey, Law Division, for Passaic County, which sits at the Passaic County Courthouse, Paterson. Most cases settle before trial, and many clients never need to appear in court except for a deposition or a trial if one happens.
A case can sometimes be filed in another county where a defendant lives or does business.
Do I have to travel to meet Dennis about a Wayne, NJ case?
No. Dennis meets clients at the Hackensack office of Einhorn Barbarito, 21 Main Street, Suite 100, Hackensack, NJ 07601, and also by phone or video. If you are recovering, home and hospital visits are available anywhere in Passaic County, at no cost to you.
The first consultation is free, confidential and comes with no obligation.
How much does it cost to hire Dennis?
Nothing up front. The consultation is free, and injury cases are handled on a contingency fee, which means the fee is a percentage of the recovery and is only owed if there is one. New Jersey Court Rule 1:21-7 caps contingency fees in personal injury cases.
You will get the fee agreement in writing before any work starts, and you can ask questions about it at any time.
What the owner had to know
A business owes visitors reasonable care. Usually you must show the owner knew, or should have known, about the hazard and failed to fix or warn about it. In some self-service settings, New Jersey's mode-of-operation rule eases that burden.
Snow and ice on sidewalks
Commercial property owners in New Jersey can be responsible for keeping abutting public sidewalks reasonably clear of snow and ice. Residential homeowners generally are not.
Falls on public property
Falls on property owned by a town, county or the state fall under the Tort Claims Act, which has stricter rules and a 90-day notice of claim deadline (N.J.S.A. 59:8-8).
If you were partly at fault
New Jersey uses modified comparative negligence (N.J.S.A. 2A:15-5.1). You can still recover if you were 50% or less responsible, but your award is reduced by your share of fault.
Local roads and courts
Wayne is in Passaic County, where Superior Court cases are heard at the Passaic County Courthouse, Paterson. Common crash corridors in and around Wayne include Route 23, Route 46, I-80, the Hamburg Turnpike. We also serve nearby Totowa, Pompton Lakes, Little Falls, Lincoln Park.
Real results in Passaic County
Prior results do not guarantee a similar outcome.
Common questions
- Should I photograph where I fell?
- Yes, if you can do it safely. Photos of the hazard, your shoes and the lighting, plus names of witnesses, help prove what happened.
- What does it cost to talk to Dennis?
- The consultation is free, and there is no fee unless there is a recovery.
More about slip and fall claims in New Jersey
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