Premises Liability in New Jersey

September 06, 2012

Premises Liability in New Jersey

Under New Jersey law, property owners have a responsibility to keep their property free from hazards so that it is reasonably safe for others to enter. The legal term for this responsibility is premises liability. How much of a duty property owners owe to others depends on the type of visitor coming onto the property. Those who fail to meet their duty could be liable for injuries people suffer while on their property.

Types of Visitors

New Jersey maintains a distinction among types of visitors that determines what a property owner must to do keep the property reasonably safe:
-Invitee: Property owners have the most responsibility to care for invitees, who are either business visitors or coming onto the property as a result of a public invitation. Business visitors are there to conduct some business with the property owner or to help the property owner conduct business as an employee. Public invitations would extend to visitors at places such as hospitals and public parks. Landowners must ensure that their property is free of defects, and perform any repairs necessary to make it so, for business visitors. They may also be required to actively warn business visitors of danger that is not immediately noticeable. Those who are on property by public invitation are entitled to reasonable efforts on the part of the property owner to keep the area safe.
-Licensee: Licensees are those whom the property owner tolerates being on the property or those who come for social purposes. Property owners must warn licensees about dangers of which they are aware, or should have been aware, and have reason to believe the licensee will encounter while on the property.
-Trespasser: A landowner has an obligation to trespassers, who are on the property without permission, not to intentionally or recklessly harm them. An important exception to this rule is trespassers who are children. Landowners must take care to protect from injury children who may come on the property without the landowner's permission or knowledge.

Recovery for Injuries

In general, the court will look at a number of factors to see if a landowner met his or her duty to a visitor who suffered injury. Those factors include:
-The relationship between the parties
-The type of hazard that was on the property
-The opportunity for both parties to exercise reasonable care in avoiding the hazard
-The public interest in imposing liability

Seek Legal Assistance

Along with the right to own property comes the responsibility to maintain the property so that others do not have accidents. If you have suffered an injury because a property owner has not fulfilled the obligation to keep the premises safe, contact a veteran personal injury attorney with broad experience handling premises liability cases.

Article provided by Goldstein & Goldstein
Visit us at http://www.njinjurycases.com