New Jersey Premises Liability Lawyers

If you own private property or a business in New Jersey, you must take reasonable measures to ensure that anyone visiting is safe and not subject to being injured due to unsafe and dangerous conditions on the property.

In New Jersey, property owners are responsible for compensating anyone injured on their property if it is unsafe by design because of a temporary, uncorrected threat, or if the individual was not protected from accessing the unsafe location. If you are visiting another individual’s property and are injured, you may be able to file a premises liability lawsuit.

Three relationships are possible between a landowner and a visitor. Each one requires something different from the landowner. If a fall or other type of accident happened in a store, on the grounds of a business, or at a friend’s house, the first step is to determine whether the premises owner owed the injured individual a duty of care.  (The extent of the duty depends on whether the person entering the property was a business invitee, social guest (also referred to as a licensee) or a trespasser.)

Defining a Premises Liability Lawsuit in New Jersey

New Jersey premises liability lawsuits happen when a person or persons sustain serious injuries as a result of an unsafe condition or dangerous hazard on the property. If a family member dies from a serious accident, such as a slip and fall accident, they may also want to consider filing a wrongful death claim.

Before you consider a possible settlement with the property owner or their insurance company, know your legal rights. This is a complicated area of the law, and you need to know your rights before proceeding. At the Todd J. Leonard Law Firm, we thoroughly discuss your case, explain the law as it applies to your situation, and help you file a personal injury claim. 

Do not wait too long to file a premises liability claim, as the law in New Jersey is that an injured person has two years from the date of the injury incurred to seek compensation from the person(s) responsible. The court can decline to hear your case if the two-year time limit expires. The sooner you act to discuss your situation with an experienced premises liability lawyer at the Todd J. Leonard Law Firm, the sooner the case can be settled or go to court. 

Examples of Premises Liability Accidents in New Jersey 

Improper or negligent maintenance can lead to accidents. Hazardous conditions that may lead to a premises liability claim include, but are not limited to:

• Slip and fall accident
• Dog bite injuries
• Assault – being assaulted at a bar, business or other public property
• Negligent or Inadequate Security – Property owners are responsible for the security of their premises
• Drowning or Swimming Pool Accidents at public or private pools
• Electrocution Injuries due to Exposed electrical equipment
• Dilapidated beams and ceilings
• Injuries due to Poor lighting
• Injuries from an explosion or fire at a construction worksite
• Injuries sustained due to Falling objects, such as materials, products, equipment
• Injuries sustained while bike riding or walking on private or public or private property
• Broken or uneven pavement 
• Broken stairs
• Loose flooring or carpeting
• Falls or other accidents causing injuries at amusement parks
• Asbestos insulated properties
• Wrongful Death due to a fire or explosion

Types of Premises Liability Lawsuit Damages

If you have been seriously harmed as a result of someone else’s negligence in maintaining a property and wish to file a lawsuit, you may be able to recover the following types of damages:

• Current and future medical costs related to your injuries
• Lost wages and benefits
• Pain and Suffering, past, present and in the future
• If married, your spouse can also file a per- quod count for loss of services, society and companionship

Types of Visitors on a New Jersey Premise

The first type of visitor to a property is referred to as an invitee. The New Jersey Supreme Court defines that as someone who comes into/onto the property in question “by invitation, express or implied, generally for some business purpose of the owner.” 

Invitees are usually shoppers at a landowner’s business, and the owner obtains a financial benefit. The invitee does not need to buy anything to be able to file a premises liability lawsuit if they are injured. The law only requires a prospective advantage to be present for the owner.

The New Jersey Supreme Court states the common law duty of care required for invitees by stating they have “a duty of reasonable care to guard against any dangerous conditions on his or her property that the owner either knows about or should have discovered. That standard of care encompasses the duty to conduct a reasonable inspection to discover latent dangerous conditions.”

The other type of visitor is the licensee, who is someone who may come on the property and “does so for his own purposes.” The New Jersey Supreme Court also noted that “while the social guest … may be required to accept the premises as the host maintains them, he is at least entitled to the same knowledge possessed by the host of dangerous conditions … The host is not required to inspect the premises to discover defects or maintain them in a safe condition for his guest, but if he knows of any defective or dangerous condition, he must exercise reasonable care to correct the condition or warn the guest of the danger.” In short, the landowner does not owe a duty to inspect his or her premises or make it reasonably safe. However, there is a legal duty owed to the licensee to warn them of any dangerous conditions the property owner does know about.

Generally speaking, the majority of premises liability accidents and lawsuits tend to fall in the invitee and licensee categories. There are other categories, such as trespassers and infant-trespassers, and should your situation fall into either of those categories, we can assist you.

What is important to know when it comes to New Jersey premises liability is that the New Jersey Supreme Court found in Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 439 (1993) that rather than a landowner’s duty of care revolving on the common-law designation of an injured party, the determination of “whether a person owes a duty of reasonable care toward another would turn on whether the imposition of such a duty satisfies an abiding sense of basic fairness under all of the circumstances in light of public policy.”

Additionally, other information considered in reaching a decision includes the relationship of the parties involved in the lawsuit, what the facts of the risks were, the ability and probability to take care and use caution, and the public interest in the recommended solution.

Speak to our Experienced Premises Liability Lawyers at the Todd J. Leonard Law Firm Now! 

Contact the Todd J. Leonard Law Firm to speak with one of our New Jersey Premises Liability Lawyers who will ensure your rights are protected. We aggressively represent every client we serve, ensuring they recover the benefits they need to move on with their lives after a serious accident while on the job. Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey.  Call our Headquarters at (973) 920-7900 for a FREE and confidential consultation. We also provide Spanish-bilingual services. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.