After a slip and fall accident, many injured people worry that they cannot bring a claim if they were partly responsible. In New Jersey, being partially at fault does not automatically prevent recovery. However, it can reduce the value of the claim, and in some cases, it can prevent compensation entirely.
New Jersey’s Comparative Negligence Rule
New Jersey follows a modified comparative negligence rule. Under N.J.S.A. 2A:15-5.1, an injured person’s negligence does not bar recovery as long as that negligence was not greater than the negligence of the defendant or the combined negligence of multiple defendants. Any damages are reduced by the injured person’s percentage of fault.
In simple terms, this means a person who is 50% or less at fault may still recover damages. A person who is more than 50% at fault may be barred from recovery.
How This Works in a Slip and Fall Case
For example, if a person slips on a wet grocery store floor and their damages are valued at $80,000, the court or insurance company may consider whether the person also shares blame. If the injured person is found 20% at fault, their recovery may be reduced by 20%. In that example, the final recovery would be $64,000.
If the injured person is found 50% at fault, they may still recover, but the award would be cut in half. If they are found 51% at fault, they may receive nothing.
Why Insurance Companies Blame the Victim
Insurance companies often use comparative negligence to reduce the value of slip and fall claims. They may argue that the injured person was not watching where they were walking, ignored a warning sign, wore unsafe shoes, looked at a phone, walked too quickly, or should have noticed the hazard.
These arguments do not automatically defeat a claim. A person can be careful and still fall because of an unsafe condition. The key issue is whether the property owner failed to keep the premises reasonably safe, failed to inspect the area, failed to clean the hazard, or failed to warn visitors.
Evidence Can Reduce Fault Arguments
Strong evidence can help fight unfair blame. Photos of the hazard, surveillance footage, witness statements, incident reports, cleaning logs, maintenance records, and medical records can all be important. For example, if video shows that a spill was on the floor for a long time before the fall, it may support the argument that the property owner should have discovered and cleaned it.
Photos may also show that the danger was difficult to see, that lighting was poor, or that no warning signs were present. This evidence can help show that the injured person was not mainly responsible for the accident.
Do Not Assume You Have No Claim
Some people avoid pursuing a claim because they believe they should have been more careful. That can be a mistake. Slip and fall cases often involve shared responsibility, and New Jersey law allows recovery when the injured person’s fault does not exceed the legal limit.
Final Thoughts
Being partially at fault for a slip and fall in New Jersey does not always mean the claim is over. The percentage of fault matters. If the property owner’s negligence was greater, the injured person may still recover compensation, although the amount may be reduced. Careful evidence collection and a clear explanation of how the fall happened can help protect the value of the claim.