woman falling on outside stairs

Seeking Compensation Under Premises Liability Law In New Jersey

By Krivitzky, Springer & Feldman | Comments are off for this post | Apr 21, 2020

Accidents can happen anywhere, but when someone is injured due to the negligence of a property owner or business, they may be entitled to compensation for damages such as medical expenses, loss of income, and pain and suffering. Slip and fall claims involving spills in supermarkets, broken stairs, uneven flooring, loose rugs, and icy walkways are just a few types of premises liability cases our attorneys at Krivitzky, Springer & Feldman have handled. If you or a loved one has been injured in this type of scenario and you’re considering filing a personal injury claim, it’s important to understand the nuances of New Jersey premises liability law.

Premises Liability And Duty Of Care

Property and business owners are legally obligated to keep their premises in reasonably safe condition. If they fail to do this or don’t post appropriate warnings about dangerous conditions, they may be liable for any accidents or injuries that occur due to these hazards. Generally, premises liability claims in New Jersey are based on the legal concept of duty of care. There are four main elements that must be demonstrated to prove negligence in a premises liability claim:

  • A property owner or business owed a duty of care to those who entered their premises
  • They breached that duty of care
  • The breach was the cause of a victim’s injury or death
  • The victim suffered damages as a result of the property owner’s or business’ negligence

However, just because you were injured on someone’s property doesn’t mean they owed you a duty of care. In New Jersey, the law relies heavily on the injured person’s relationship to the owner. Premises liability law can be confusing and complex, so it’s critical to seek the counsel of an experienced personal injury lawyer who can help you understand and protect your rights.

Three Types Of Visitors In New Jersey Premises Liability Law

Under premises liability law in New Jersey, visitors are broken down into three categories. Each type of visitor is entitled to different levels of duty of care. Types of visitors in New Jersey include:

Inviteesare people who are directly or expressly permitted onto the property for a general or business purpose by the owner. For example, someone shopping in a grocery store is considered an invitee because they’re there to do business and financially benefit the business.

Alicensee is someone who’s invited to come onto the property. A friend or other social guest visiting someone’s home is considered a licensee.

A trespasser in New Jersey is someone who’s neither invited nor permitted to be on a landowner’s property. For example, if someone decides to take a short cut through a neighborhood and is bitten by a dog in a fenced yard, the property owner would most likely be free from liability for the injured person’s damages.

Contact An Attorney To Learn More About New Jersey Premises Liability Law

If you’ve been injured or have lost a loved one due to negligence on someone else’s premises, our personal injury lawyers at Krivitzky, Springer & Feldman can evaluate your case, help you understand your rights, and assist with pursuing compensation if appropriate.

To schedule a free consultation or ask questions, contact us online or call 201-798-2711 in Jersey City or 973-874-0556 in Newfoundland, New Jersey. We represent clients in premises liability cases and other personal injury claims throughout the state of New Jersey. We take cases on contingency, which means you won’t incur any up-front costs or pay attorney fees unless we recover compensation for you. Se hablaEspañol.