How Does Premises Liability Work in New Jersey?

Premise Liability and Slip and Fall Accidents

A property owner has an obligation to guarantee that their premises is safe and that it has no glaring danger that could cause a slip and fall accident. Under premises liability, if a property owner disregards their duty of care to visitors, they can be consider liable for an injury.

Assuming you were recently involved in a slip and fall accident, you will need to look for repayments for the injury you have incurred. Before you speak with a lawyer, it is useful to fully understand premises liability. Under premises liability, property owners should reasonably mitigate and dangers on their premises. They must make sure their property is safe for visitors.

A property owner should eliminate any risks that could prompt an accident. A risk should be recognized so it can be effectively eliminated. Neglecting to eliminate a hazard can make the property owner liable for an accident and resulting injury. For example, if a business failed to mop up a spilled drink in a timely fashion and a customer slipped and was injured, the business owner is likely liable for the customer’s injury.

What are Common Slip and Fall Accidents?

The following are examples of some of the most common slip and fall accidents where a property owner can be held liable for an injury:

  • Slip and fall accident due to a slippery floor. Many slip and fall accidents happen because of slippery floors. The property owner may be liable if they did not remedy the hazard in a timely manner.
  • Inadequate maintenance of a floor. A poorly maintained floor may also cause a slip and fall accident. For example, there may be clutter, debris, uneven flooring, or cracks in the floor that may cause someone to fall. A property owner may be liable for a slip and fall injury if they ignored a floor hazard.
  • Unsecured swimming pools. A property owner who has a swimming pool must make sure that it is properly secured and that children cannot access the pool. Safeguards, such as gates and pool coverings, should be utilized when the pool is not being used.

In order to bring a successful personal injury case, you will need to prove that the defendant owned, occupied, or leased the property, that the defendant had a duty of care and was negligent, and that you were harmed because of their negligence.

Responsibilities of the Property Owner

Property owners are expected to eliminate any potential risks that will cause accidents as quickly as possible. Property owners are expected to deal with preventable hazards, and when something unforeseen happens, they may not be responsible.

It is important to know that property owners owe a duty of care to visitors. However, how you entered the property plays a crucial factor in the case, and your case may be affected by how you entered the property:

  • Invitees: An invitee is someone who was invited to a property, either implicitly or explicitly. For example, a customer is classified as an invitee.
  • Licensees: A licensee has gained consent to be on the premises for their own benefit. For example, a party guest could be considered a licensee because they are attending the event to have fun.
  • Trespassers: A property owner owes the least responsibility to a trespasser. However, they must not intentionally harm a trespasser. Also, a child may trespass and get injured on the property, but the property owner may still be responsible.

New Jersey’s Premises Liability Law

New Jersey defines trespassers as individuals who are not invited onto a property owner’s premises, such as someone using a lot to take a shortcut. The property owner has no reason to expect these people to be on their land, and the state does not afford trespassers much legal protection. The universal rule is that a property owner owes a trespasser a limited duty of care.

In New Jersey, a licensee is someone who is permitted to come onto the property for their own convenience. An example would be a party guest, family member, friend, or another type of social guest. Property owners have an obligation to reveal any potential risks on the property that could create an accident. It is worth noting that property owners are not required to go above and beyond to find potential risks on their land that could hurt a visitor.

New Jersey states that invitees are people who are on the land through invitation, either directly or indirectly. Invitees are monetarily benefitting the property owner.

Burlington County Slip and Fall Attorneys at the Law Office of David S. Rochman Help Clients Navigate Premises Liability Law

If you suffered a slip and fall accident, it is important to learn about premises liability before pursuing a case. Our Burlington County slip and fall lawyers at the Law Office of David S. Rochman will advocate on your behalf if a property owner is responsible for your injury. Call us at 856-751-2345 or contact us online to schedule a free consultation. Located in Mount Laurel, New Jersey, we serve clients throughout the surrounding regions.