It’s summer… time for pool parties, barbecues, and other outdoor social events. Unfortunately, it can also be a dangerous time, particularly when the homeowners whose gatherings you attend don’t use reasonable care to maximize your safety. What are your rights in New Jersey when you suffer any type of loss or injury while attending a social event at someone else’s house?
New Jersey Laws Governing Slip-and-Falls
In New Jersey, as in all states, the owner of residential property has a duty to maintain the premises in a way that minimizes the risk of injury to anyone legally visiting the premises. The specific legal obligations of the owner (or person in control of the premises) vary based on the status of the visitor:
- Licensee— A person who legally enters property for their own benefit, but not for business reasons, is considered a licensee. Social guests are generally licensees. The property owner, or person in control of the property, owes licensees a duty to warn of known dangers that the guest would be unlikely to discover on their own.
- Invitee— Someone who enters property for the benefit of the property owner (typically a customer entering a commercial establishment) is an invitee. The owner, or person in control, owes the highest duty to an invitee. The premises must be subjected to reasonable periodic inspections to determine whether there are known hazards. The owner must fix any hazards, prevent access to any section of the premises where a hazard is found, or provide reasonable notice to invitees of the existence of any hazard.
- Trespasser— A trespasser is a person who enters the premises without permission or legal authority. With limited exceptions, an owner or person in control owes no duty to adult trespassers.
When you suffer an injury at a social event on someone else’s property, you must first establish your status and the duty owed to you. You must then prove, by the weight of the evidence, that the owner or person in control of the property breached the duty required by the law in a way that resulted in your injuries.
Contact the Law Offices of David J. Karbasian, PC
Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
