When someone is injured on another person’s property, the law of premises liability determines whether the property owner may be held responsible.
In New Jersey, as in other states, property owners and persons in control of property have a legal duty to maintain their premises in a reasonably safe condition. When they fail to meet that obligation, and a visitor suffers harm, the injured party may have the right to pursue compensation.
What Is Premises Liability?
Premises liability is a form of negligence law that applies when unsafe property conditions cause injury to visitors.
The principle is straightforward: individuals and businesses that invite others onto their property must take reasonable measures to prevent foreseeable harm. This responsibility extends to private homeowners, landlords, commercial establishments, and even public entities in certain circumstances.
Although the general duty to maintain safe premises exists across the United States, the exact rules vary by state, including how courts classify visitors and what evidence is required to prove negligence.
Legal Duties of Property Owners
Under New Jersey law, the duty of care owed by a property owner depends largely on the visitor’s status:
- Invitees: This type of visitor includes business customers, tenants, repairmen, food delivery workers, and others entering the property for the owner’s benefit. Owners owe the highest duty of care to invitees, including an obligation to actively inspect the premises for dangerous conditions and to correct or warn visitors of hazards.
- Licensees: Social guests or others who enter for their own purposes but with permission are considered licensees. Owners must warn licensees of any known dangers that are not obvious.
- Trespassers: Generally, no duty is owed to trespassers, except not to intentionally or recklessly cause harm. However, the “attractive nuisance” doctrine may impose liability if a child comes onto property and is injured in an unfenced pool or abandoned structure or playing on a trampoline.
Common Hazards That Lead to Liability
Premises liability claims often arise from dangerous conditions that could be corrected with reasonable care, including:
- Slip and fall accidents on wet floors, icy sidewalks, or debris
- Inadequate security leading to assaults in parking lots or apartment complexes
- Structural defects such as broken stairs, loose railings, or collapsing ceilings
- Dangerous or defective flooring, including torn carpet or linoleum or broken tile or hardwood
- Poor maintenance of rental units or retail stores that creates fire hazards or unsafe walkways
Proving Premises Liability
To prevail in a premises liability claim, an injured plaintiff generally must establish:
- A dangerous condition existed on the property.
- The property owner knew, or reasonably should have known, about the condition.
- The owner failed to take appropriate steps to repair the hazard or warn visitors.
- The dangerous condition directly caused the injury.
Evidence such as photographs, witness testimony, incident reports, and medical records is often pivotal.
Compensation in Premises Liability Claims
Compensation is designed not only to cover immediate losses but also to address the long-term consequences of injury. Victims of unsafe property conditions may recover compensation for:
- Medical expenses and future care needs
- Lost income and diminished earning capacity
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
Why Legal Representation Matters
Premises liability law is complex, and each case depends on facts, evidence, and jurisdiction. Property owners and their insurers frequently deny responsibility or attempt to shift blame to the injured party.
An experienced personal injury attorney can investigate the circumstances, preserve critical evidence, and advocate for fair compensation.
Read Also: New Jersey Premises Liability Claims
Contact the Law Offices of David J. Karbasian, PC
If you’ve been injured due to unsafe property conditions, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital, if needed.
Call 856-420-6688 / 856-600-HURT or contact us online to discuss your case. We’ll handle the legal process while you focus on your recovery.
