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Who Is Responsible If Someone Gets Hurt on Your Property?

Sophia Soraya

November 14, 2024

Property owners often worry about the legal consequences if someone is injured on their property. The answer typically depends on factors like the visitor’s legal status and the property’s condition during the injury. At Varcadipane & Pinnisi, P.C. we regularly assist clients with these complex questions, helping them understand their rights and obligations under New Jersey law. Let’s explore who’s responsible if someone gets hurt on your property.

What Is Premises Liability?

Premises liability is the legal responsibility of property owners and occupiers to maintain safe conditions for those who enter their premises. In New Jersey, property owners are required to take reasonable measures to keep their grounds safe. If someone gets hurt because of a hazardous condition not adequately addressed, the injured person may have a valid lawsuit against the owner.

According to the New Jersey Courts Premises Liability guide, New Jersey homeowners are required to:

  • Regularly inspect their premises for hazards that could harm lawful visitors (invitees and licensees).
  • Address known dangers on time, such as repairing or removing hazards.
  • Provide adequate warnings if a hazard cannot be immediately fixed or removed.
  • Limit liability for trespassers but recognize that exceptions exist, especially under the attractive nuisance doctrine. This applies when children are involved in swimming pools or other enticing, hazardous conditions.

New Jersey law places the highest duty of care on titleholders toward invitees, followed by licensees, while trespassers are generally owed a lower level of protection. Nonetheless, as the guide highlights, children who trespass because of something inherently dangerous or appealing on the property (like a pool) may still trigger liability for the owner.

Common Premises Liability Claims

Many types of accidents can lead to premises liability claims. These usually occur due to unsafe conditions that owners either failed to address or didn’t warn about. Some of the most frequent cases we handle include:

  • Slip and fall accidents: Lesions resulting from wet floors, icy sidewalks, or uneven surfaces.
  • Falling objects: Items that aren’t stored securely can fall and injure visitors.
  • Inadequate security: If someone is harmed because a landlord did not implement proper security measures, such as working locks or adequate lighting.
  • Dog bites: Property owners may be liable if a pet injures someone, especially if they were negligent in controlling the animal.
  • Swimming pool accidents: Pools can be dangerous, and tragedies often happen if proper safety measures—like fencing or supervision—aren’t in place.

Premises liability cases often involve a wide range of dangerous property conditions, including anything from uneven walking surfaces to insufficient lighting in a parking lot, both of which could lead to serious injuries. The relevant factor in these cases is proving that the real estate holder was negligent in maintaining a reasonably safe environment or failed to provide adequate warnings about the hazards on their property.

Who Is Responsible if Someone Gets Hurt on Your Property?

The property owner or occupier is typically responsible if someone gets hurt due to a dangerous condition on the land. Whether you are a homeowner, business owner, or tenant, you may be held liable for injuries caused by hazards you knew—or should have known—existed.

For example, if you have guests over and one of them trips on a broken step that you failed to repair, you may be liable for their injuries. On the other hand, if someone trespasses on your property and gets hurt, your responsibility could be limited. Exceptions such as the “attractive nuisance doctrine” apply when children are involved, particularly with features like swimming pools.

How Liability Is Determined?

In premises liability cases, determining who is at fault depends on several factors. Some of the notable elements courts consider when assessing liability include:

  • The visitor’s status: Whether the injured person was an invitee, licensee, or trespasser determines the care you owe them.
  • Condition of the property: Was the property adequately maintained, or was there a hazard that should have been addressed? Was the danger obvious or hidden?
  • Knowledge of the hazard: Did you know about the dangerous condition? If not, should you have reasonably discovered and fixed it?
  • Actions of the injured person: In New Jersey, if the injured party is found partially at fault for their injuries (e.g., ignoring warnings or behaving recklessly), their compensation may be reduced based on their share of responsibility. This is known as comparative negligence.

Under New Jersey law, even if a property owner was unaware of a dangerous condition, they can still be held liable if the court determines that the hazard should have been discovered through reasonable maintenance. For further details on how courts assess liability, check Forbes’ guide on premises liability.

Is Your Property Safe? Let Us Help

Premises liability cases can be complicated and expensive. A slip, trip, or fall on your property could have significant legal and financial consequences. At Varcadipane & Pinnisi, P.C., we help you protect your assets. Our experienced attorneys specialize in premises liability law and can provide guidance to prevent accidents and minimize your risk. Call us at (800) 616-2916 for a free consultation or fill out our online form today.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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