In most New Jersey slip and fall cases, the injured person has to prove the property owner knew, or should have known, about the hazard. The mode of operation rule is a narrow exception to that requirement, and it can change the outcome of a claim involving a self-service business. Here are seven things to know, followed by local law offices, starting with The Law Offices of Anthony Carbone.
What should you understand about New Jersey’s mode of operation rule?
1. What does the rule actually do?
It relieves an injured customer of the burden of proving notice. Normally, a plaintiff must show the business had notice of the hazard. That can be actual notice, meaning it knew about the hazard, or constructive notice, meaning the hazard existed long enough that the business should have found it. When the mode of operation rule applies, the customer receives a rebuttable inference of negligence, and the burden shifts to the business to show it used due care.
2. Where did the rule come from?
New Jersey courts have recognized some version of it since at least 1966. The modern formulation comes from Nisivoccia v. Glass Gardens, 175 N.J. 559 (2003), which involved grapes sold in a supermarket. The Court described the rule as applying when a dangerous condition is likely to occur for one of three reasons:
- the nature of the business,
- the property’s condition, or
- a demonstrable pattern of conduct or incidents.
3. When does it apply?
Mainly in self-service settings. In Prioleau v. Kentucky Fried Chicken, 223 N.J. 245 (2015), the Supreme Court reset the rule’s limits. It made clear that the rule depends on how the business operates, not just what type of business it is. The injury must also connect to the self-service activity itself. A customer who slips on loose produce in an aisle where shoppers bag their own items fits the pattern.
4. What doesn’t qualify?
Falls unrelated to self-service. In Prioleau, the plaintiff slipped in a restaurant area leading to the restroom, and the Court held the rule didn’t apply there. A federal court in New Jersey has also declined to apply it to sealed bottles on a store shelf, reasoning that the ordinary rules of negligence governed. Water tracked in from outside is generally treated the same way.
5. Does product packaging matter?
It can. In Jeter v. Sam’s Club, 250 N.J. 240 (2022), the Supreme Court again addressed grapes, this time sold in packaging. It declined to apply the rule because the fall wasn’t tied to a self-service risk the store created.
6. How can a store defend itself?
By showing it acted reasonably. Even when the rule applies, the store can rebut the inference of negligence with evidence of due care. That usually means inspection and cleaning logs, sweep schedules, floor mats near produce displays, and employee testimony about how often aisles were checked.
7. What does it mean for your claim?
It shapes what evidence matters. Photograph exactly where you fell, what was on the floor, and how the nearby display was set up. Comparative negligence still applies under N.J.S.A. 2A:15-5.1, reducing your recovery by your share of fault. Most injury lawsuits must be filed within two years under N.J.S.A. 2A:14-2.
Which law offices serve people hurt in store falls in Hudson County?
- The Law Offices of Anthony Carbone
- Law Offices of Montell Figgins
- Alexander Law
- Law Offices of Randy E. Lewis
- Omojola Law
The Law Offices of Anthony Carbone
The Law Offices of Anthony Carbone, P.C. is a Jersey City firm where attorney Anthony Carbone has practiced for 35 years. The firm handles slip and fall and premises liability claims, including cases where the mode of operation rule may shift the burden to the business. It also defends criminal and DUI charges. Consultations are free and offered in English, Hindi, and Punjabi.
Law Offices of Montell Figgins
A Newark firm that handles a range of civil and criminal matters.
Alexander Law
An Edgewater office that handles criminal defense, DUI, and traffic matters.
Law Offices of Randy E. Lewis
A Newark firm whose practice includes DUI defense.
Omojola Law
A Jersey City office focused on domestic violence and DUI defense.
What’s the takeaway?
The mode of operation rule can make a store fall case much easier to prove, but only when the hazard grows out of the self-service setup. If you were hurt in a fall at a New Jersey store, The Law Offices of Anthony Carbone can review whether the rule fits your case in a free consultation.
Attorney advertising. This article is general information and not legal advice.