In New Jersey, property owners have a legal duty to keep their premises reasonably safe for those who enter. When a person is injured on the premises, the owner may be held liable for failing in that duty of care. However, the duty owed is not the same in every case. It depends largely on why the injured person was on the property in the first place.

New Jersey law recognizes three categories of visitors, each owed a different level of duty of care: 

• Invitees — Individuals entering a property for purposes that benefit the owner, such as customers in a retail store, are owed the highest duty of care. The owner must regularly inspect the property, repair any dangerous conditions and warn invitees about hazards that have not yet been fixed. Failure to take these precautions can make the owner liable if an invitee is hurt.

• Licensees — These are people who enter the property for their own purposes, such as social guests. While property owners are not required to inspect their property as thoroughly for licensees, they must warn them about any known dangers. For example, if an owner is aware of a loose step and does not inform their guest, the owner might be liable if the guest gets injured.

• Trespassers — Property owners owe the least duty of care to trespassers, those who enter a property without a legal right. Owners simply must avoid intentionally causing harm, which usually means the property owner is not liable to a trespasser unless the injury results from a deliberate or wanton act. However, if there is a known hazard (such as one that might attract children), the owner could still have responsibility.

If you are injured on someone else’s property, it is important to act quickly to protect your rights. First, seek medical treatment immediately, even if your injuries seem minor. Next, document the scene: take photos, note any hazardous conditions, and gather contact information from witnesses. Report the incident to the property owner or manager and, if available, secure a copy of the accident report.

As soon as possible, consult with a premises liability lawyer for assessment of your legal rights. An attorney can determine if the property owner’s negligence contributed to your injury and guide you through the process of seeking compensation for medical bills, lost wages and pain and suffering.

If you have been injured due to unsafe conditions on someone else’s property, the law firm of Brown, Novick & McKinley in Woodbury, NJ, will work diligently to help you secure the compensation you deserve. Please call 866-942-4909 or contact us online to schedule a free initial consultation.