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New Jersey Premises Liability Laws

If you are injured while visiting someone else’s property, New Jersey’s premises liability laws may hold property owners responsible when a dangerous condition on the property harmed you. However, the property owner’s legal responsibility to you depends on your status at the time of the injury. An experienced premises liability lawyer from Aronberg, Kouser, Snyder & Lindemann, P.A. can review your situation and explain the laws that apply to your case.

When Is Someone Responsible for an Injury That Occurs on a Property?

Just because you were injured on someone else’s property does not necessarily mean you have a valid premises liability claim. To establish your right to compensation following this type of accident, you must be able to show the following:

  • Someone owed you a legal duty to prevent your injuries.
  • That someone breached the legal duty they owed you.
  • The breach caused your injuries.
  • You suffered damages as a result of the breach.

This is the basic blueprint for establishing negligence. However, premises liability cases largely focus on the first two elements. You must be able to show what the property owner’s legal duty was to you and how they breached it. These questions center on your legal status on the property.

Categories of Visitors in New Jersey Premises Liability Cases

The legal duty a property owner, manager, or occupier owes a visitor depends on the type of visitor they are. Each type of visitor is owed a different legal duty, as follows:

Invitees

Invitees are people on the property with an express or implied invitation, often for the owner’s business purpose. Customers in a store are examples of invitees. Because their presence financially benefits the property owner, the owner owes them the highest degree of care. Property owners are required to use reasonable care to protect invitees from dangerous conditions on the property they know about or should have discovered. They must conduct reasonable inspections to discover hidden dangerous conditions.

Licensees

A licensee is someone who has the legal right to be on the property, but they are usually there for their own purpose. For example, a social guest might be a licensee. Property owners must warn licensees about any dangerous conditions on the property that they know about and that licensees are unlikely to notice.

Trespassers

A trespasser has no legal right to be on the property, so property owners owe them the lowest degree of care. They are only required to refrain from willfully injuring the trespasser and warn them about any artificial conditions on the property that pose a risk of death or serious bodily harm.

Contact Our Premises Liability Lawyers for a Free, No-Obligation Consultation

Establishing your legal relationship to the property owner and the owner’s legal duty is paramount to making a strong premises liability claim. An experienced Cherry Hill premises liability lawyer from Aronberg, Kouser, Snyder & Lindemann, P.A. can help you throughout the claim process, advising you of your legal options and safeguarding your rights. Contact us online for a free consultation.