Hudson County No Cause Reaffirms that the Mere Occurrence of a Fall is Not a Substitute for Proof of Negligence

After an eight day trial, the no cause verdict of a Hudson County jury serves as a reminder that negligence cannot be presumed. At trial, the plaintiff’s proofs skewed heavily towards damages, with the presentation of three (3) damages experts. However, the plaintiff admitted she did not know why she fell at the defendant’s business. Moreover, plaintiff’s interrogatories, which pre-dated the trial by three (3) years, admitted that plaintiff had no knowledge how long the alleged dangerous condition existed.

However, at trial, the plaintiff’s friend testified that an entire tray of food spilled in the area shortly before the fall. It appears the jury did not credit this 11th hour testimony, and found that plaintiff did not prove that a dangerous condition caused her to fall.