Slip-and-Fall at Korean Supermarkets and Restaurants — How to Recover Compensation

1. NJ Premises Liability — 3 Required Elements

To bring a slip-and-fall claim in NJ, you must prove all 3 elements:

1. A dangerous condition existed (wet floor, spilled food, broken tile, etc.)
2. The store knew or should have known of the danger (notice) — Actual Notice or Constructive Notice
3. The store failed to take reasonable measures (no warning signs, no cleaning, no barricade)

Example: A supermarket cleaner mopped the floor and left “Wet Floor” signs unset for 5 minutes, during which you slipped → Actual Notice (store knew floor was wet) + failure to take reasonable measures → Claim established.

2. 4 Common Accident Types at Stores and Restaurants

3. 5 Things to Do Immediately — Golden 5 Minutes

1. Photos of the accident location (before the dangerous condition is removed)
2. Save receipts/purchase proof (proves you were there at that time)
3. Report to manager/owner immediately + request an Incident Report
4. Get names and phone numbers of witnesses
5. Medical treatment same day — document any developing symptoms

4. When the Store Claims “Your Carelessness”

Defense arguments most commonly used by stores: “you weren’t watching where you were going,” “your shoes were too slippery,” etc.

NJ is a comparative negligence state — partial fault on your part doesn’t bar recovery. Up to 49% your fault → recovery is proportionately reduced. 51%+ → recovery is zero.

• 30% your fault → recover 70% of fair compensation
• 50% your fault → recover 50%
• 51%+ your fault → zero

5. CCTV Preservation Letter (Spoliation Letter)

Most Korean supermarkets and restaurants have CCTV systems, and 1–3 minutes of footage around the accident time is decisive evidence. However, CCTV is typically overwritten after 30–90 days, so it’s essential for an attorney to immediately send a Spoliation Letter requiring preservation.

6. When the Defendant Is a Korean Business — Ethical Concerns

The most common hesitation Korean American clients voice: “the owner is Korean too — it feels wrong to sue.” However, all businesses must carry General Liability Insurance, and the claim is paid by the insurer, not the owner.

• Filing the claim does NOT affect the owner’s personal assets
• Claim is borne by the insurer (typically $300K~$1M limit)
• Only when the business has no insurance might the owner’s assets be at risk — attorney evaluates this in advance

Conversely, if you do not file, you bear all medical bills and lost wages yourself, while the insurer keeps the premium. Insurance exists precisely for situations like this.

7. General Liability Insurance Limits

• Small restaurant/supermarket: $300,000 ~ $1,000,000 per occurrence
• Large supermarket: $1M ~ $5M per occurrence
• Chain markets (H Mart, Hannam Chain, etc.): $5M+ with parent company umbrella

Minor injuries may recover thousands, fractures or disc injuries tens to hundreds of thousands, permanent disability hundreds of thousands to millions.

Frequently Asked Questions