New Jersey Slip & Fall Injury Lawyer

What Is a Transitory Foreign Substance?

Put quite simply, a "transitory foreign substance" is a substance, item, or object located where it does not belong.

Examples of transitory foreign substances include:

• Liquid spills on the floor of a business
• Grease spots in a parking lot
• Fruit peels somewhere on the floor

This term was first defined by the Supreme Court of Florida in 2001 when the court held that the existence of a transitory foreign substance was enough to presume the premises owner and/or operator had not exercised reasonable care in maintaining their premises. This helped alleviate the burden on the plaintiff to prove the negligence of the defendant in a claim. However, the following year, the Florida Legislature enacted a new section that shifted the burden back to the injured party by essentially overruling the 2001 decision.

In cases involving foreign substances, it is critical you prove the defendant had received notice of the dangerous condition and failed to either warn visitors of the problem or remedy the situation. We’ve handled cases such as this before; we know the steps to take and can walk you through the claim from beginning to end. If you were injured in an accident that involved slipping on a foreign substance, call our firm for help.

What If I Slipped on Snow or Ice Outside a Business?

Every year, far too many people are injured in accidents caused by snow and ice. While these are all tragic, not every accident will lead to a lawsuit. Below, we explain the different legal standards that may apply to snow and ice claims; these will depend on jurisdiction.

These are common legal standards that apply to business liability as it pertains to snow and ice:

• Natural Accumulation – Per this rule, snow and ice are not created by the business owner and cannot be considered a defective property condition. Under this rule, a business owner would not be liable for injuries caused by related accidents. There is, however, an exception. Under this standard, business owners could be held liable if it had been a long time since the snowfall has occurred and the snow has since become compacted ice.
• Storm-in-Progress – Under this legal standard, business owners are only required to begin snow and ice removal once a reasonable time has passed after the ending of a storm. With this rule, a jury would have to determine if the plaintiff was injured from new snow or old snow.
• Reasonable Care – This is one of the most common legal standards under which a business owner is required to use “reasonable care” to address issues surrounding snow and ice on their property. There would be no distinction between snow and ice or any other dangerous condition under this standard.

Get Guidance from Levinson Axelrod, P.A. Today

Our New Jersey slip and fall injury attorneys have decades of experience. We are one of the largest firms in the state that is exclusively dedicated to handling slip and falls and other injury cases. This means we are uniquely qualified to handle your case. When you trust us, you are trusting a team of seasoned slip and fall injury lawyers who care about our clients.

Contact us today at (732) 440-3089 to discuss your case.