Everyone should take a reasonable level of precaution when visiting somewhere, but the property owner has a responsibility to keep you free from harm.
A premises liability claim could include any type of injury, from a slip and fall to an elevator or escalator accident or a dog bite. In essence, it’s any injury that happened because there was a hazardous condition that wasn’t properly corrected by the property owner or manager. In New Jersey, visitors and guests have rights.
What brings you to the Garden State? Is it saltwater taffy from the Jersey shore? Atlantic City? Or did you move to Jersey to work for Big Pharma or the financial sector? Or maybe you’re third- or fourth-generation New Jersey and wouldn’t live anywhere else.
Regardless of whether you’re a longtime resident or just visiting, you should understand your legal rights if you’re injured on someone else’s property. By the same token, if you own property, it’s important to know your rights and what you might or might not be liable for if someone is injured because of a property hazard.
We’ll break down the categories of visitors, when a person can file a lawsuit for an injury from a New Jersey property hazard, and the defenses for the homeowner or property owner.
What is New Jersey premises liability law?
Premises liability falls under the category of personal injury law. Like other types of personal injury law, it means that if whoever is in charge of maintaining property is negligent, and that negligence causes someone else to become injured by a property hazard, then the property owner could be held liable.
Also like other types of personal injury law, the purpose of premises liability lawsuits is to make a plaintiff whole. In other words, the injured plaintiff is entitled to be restored to the financial condition they would be in if the accident had never happened.
That means if a person is injured by a property hazard, they can recover costs that include medical treatment, future medical or rehabilitative needs, lost wages from time out of work, future lost earning potential if the injury has left them disabled, and other expenses associated with the injury.
Is the property owner automatically liable for your injury?
No. A property owner is responsible for maintaining safe conditions. A guest on the premises has a duty to watch where they’re going and take reasonable caution.
For instance, a shop owner is expected to keep their outdoor walkway shoveled and clear on a snowy day. But if the snow continues to fall heavily and a patron slips on the walkway because they’re running to get inside quickly, this might not be the shop owner’s fault. A reasonable person would know that a wet surface can be slippery and should not be running when there could be icy patches or missed snow on the ground.
In other words: Use common sense.
Are commercial property owners responsible for keeping public sidewalks safe?
The New Jersey Supreme Court recently ruled that all commercial landowners, including those owning vacant commercial lots, must maintain the public sidewalks adjacent to their properties in a reasonably good condition and are liable for injuries resulting from their negligent failure to do so. This decision marks a shift from previous distinctions that exempted vacant lots from such responsibilities.
The court's 4-3 opinion, written by Justice Fabiana Pierre-Louis, highlighted the unfairness of allowing commercial property owners to avoid sidewalk maintenance simply because their lots are vacant. The ruling relies on the principle that the imposition of a duty of care should align with a basic sense of fairness and public policy, as articulated in a 1993 decision (Hopkins v. Fox & Lazo Realtors). The court argued that purchasing a vacant commercial lot is a business decision that includes the responsibility of maintaining adjacent sidewalks, ensuring they are safe for pedestrians.
What are examples of New Jersey premises liability lawsuits?
- Slip and fall accidents
- Swimming pool accidents
- Falling tree branches or other objects
- Wet or slippery floors, unsafe sidewalks
- Holes in the ground, broken steps, broken handrails
- Inadequate security
- Animal attacks (dog bites)
- Amusement park accidents
- Fire code violations
- Elevator accidents
This is not an exhaustive list; there are nearly infinite other accidents that can happen from property hazards, but these are some of the most common examples.
Three causes of action for liability for a slip and fall
There are three ways to make a cause of action for a slip and fall injury.
- The property owner or their employee caused the condition that led to a fall. (For instance, if you slipped because of a spill, worn or torn carpet, or because of some other item left on the floor or underfoot, the owner might be liable for your injuries.)
- The owner or employee knew the surface was dangerous but did nothing to fix it or notify users in a reasonable and timely manner.
- The owner or an employee should have known the surface was dangerous because a reasonable person would have known about and repaired it.
Types of visitors (and why it matters)
The property owner’s liability can depend on the type of visitor.
- Invitee
An invitee is a person who is on the property because of an expressed or implied invitation. Usually this is for a business purpose of the property owner or for a reason that would benefit the property owner financially. In other words, when you shop in a store, you are an invitee of the store owner, regardless of whether or not you end up making a purchase. - Licensee
A licensee may be on the property for their own purposes. This usually applies to an invited guest, like a friend or family member. Though invited to be there, the person is still there of their own accord for a social purpose. - Trespasser
A trespasser is someone whom the property owner would not have reason to expect to be on the property. This obviously includes a person breaking and entering, but it can also include a person who takes a shortcut through private property or enters the property for some other reason, unbeknownst and unanticipated by the homeowner.
Each of these three categories of individuals who could be present on property brings a different level of liability to the homeowner or property owner.
| Type of visitor | Duty owed by property owner |
|---|---|
| Invitee (person doing business on the property) | Duty of reasonable care |
| The property owner has a higher duty of care to a person doing business than they would to a social guest. They must take reasonable steps to protect them from any hazard they know or should have discovered. They have a duty to inspect the area to check specifically for hazards and ensure the property is safe. | |
| Licensee (social guest) | Duty to warn |
| The guest must accept that the property is in whatever condition it is when they arrive, but the host has a duty to warn the guest of any hazardous condition. The guest would not be expected to know, anticipate, or assume the risk without a warning. The host isn’t required to perform special or unusual inspections, but if they’re aware of a hazard, they must take reasonable care to either fix it or warn the guest. | |
| Trespasser | Refrain from intentional injury |
| A property owner does not have a duty to a trespasser, except to avoid "willfully injurious acts," or purposely causing harm. A landowner must also warn about an artificial condition that could present a risk of death or serious injury. | |
New Jersey premises liability laws are different for children trespassers
You don’t become a child’s babysitter just because they run into your yard without permission to retrieve their ball that went over the fence.
But you do have a higher duty of care to children, even though they are trespassing. In a 1998 New Jersey Supreme Court case, the court reaffirmed the infant-trespasser doctrine.
In Samuel Vega et als. v. Robert Piedilato, et als. (A-45-97), there are certain conditions when a landowner is liable for an injury to a trespassing child. These conditions are:
- The property owner knows or has reason to know that children are likely to trespass in the area where a potentially hazardous condition exits;
- The property owner knows or has reason to know that the hazard could result in death or serious injury to a child;
- The children are an age at which they would not realize the condition is hazardous;
- The property owner’s burden in maintaining the condition to make it not hazardous is slight as compared to the risk to the children; and
- The property owner did not exercise reasonable care to eliminate the danger and protect the children.
In other words, children can’t be held to the same standard as adults when it comes to common sense. Young children also lack impulse control, which is one reason for the attractive nuisance doctrine.
This is when there is something on the land that a property owner could reasonably expect would be appealing to children, which means the owner is required to use a reasonable method to prevent injury.
For example, New Jersey law requires that all swimming pools be entirely enclosed by a wall or fence that is at least four feet tall. If there is no fence and a child drowns in the pool, the homeowner is liable for the child having access to the pool, even if the child doesn’t have permission to be there. The pool is considered an attractive nuisance because it’s something that is likely enticing to a child.
This would also apply to a trampoline, construction or farming equipment (like a tractor), a dangerous tree, or many other situations. In essence, think like a child. If something looks like fun to climb on, jump in, or ride—and doing so could be dangerous—it would likely be considered an attractive nuisance.
Defenses for a premises liability lawsuit
We’ve discussed what makes a property owner liable for a visitor’s injury. But what are the defenses for a New Jersey premises liability claim?
The primary defenses for someone who is a defendant in a New Jersey premises liability lawsuit are:
- Comparative negligence. New Jersey follows the modified comparative fault rule, which means a plaintiff (injured person) must be less than 51% at fault for their own injury in order to recover any damages.
Comparative negligence rules are in effect so that if the plaintiff contributes to their own injury in any way, it reduces the defendant’s liability, usually based on the court’s assessment of the plaintiff’s percentage of fault. - Assumption of risk. When someone engages in an inherently dangerous activity, they knowingly accept a certain amount of risk.
If you’ve been injured in a premises liability accident, you should contact a New Jersey personal injury lawyer for advice and to see if you have a claim.
Need a lawyer?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more
