What Makes a Premises Liability Claim Valid in New Jersey?

Whether you’re visiting a friend or heading to your local supermarket, the last thing you expect is to end up injured due to a hazard on the premises. Unfortunately, these matters can be incredibly difficult to navigate, so it is imperative to discuss these circumstances with an experienced Passaic County slip and fall lawyer to help you determine if your premises liability claim is valid. The following blog explores the responsibilities of property owners and the factors you must consider if you want to file a claim against the negligent party.

What Are the Responsibilities of Property Owners?

Unfortunately, many property owners are unaware of the care they owe to others, leaving them susceptible to conditions on their property for which they can face liability. In New Jersey, property owners have different levels of care and responsibility depending on who visits their property.

The first type of visitor is the invitee. These are individuals you have invited onto a property, either explicitly or implicitly, for a specific purpose, like a shopper in a local supermarket or a mailman. Property owners owe these individuals the highest duty of care. As such, the property owner must ensure the premises are safe through regular inspection and repairs of any hazards.

On the other hand, licensees are another type of visitor to a property. These individuals represent those on a property for non-business purposes, like social guests. While property owners do not need to fix issues on the property before their arrival, property owners must inform these guests of the potential hazards and ensure the danger is clearly marked.

Finally, the last type of property visitor is the tresspasser. These are individuals who have not been invited onto the property. As such, property owners generally do not owe tresspassers a duty of care, as they have no legal reason to be on the premises. It is important to note, however, that children generally do not apply to this ideal, especially if there is an attractive nuisance on the property, which is something unsafe that could look enticing to a child, like a pool. As such, a property owner must take reasonable action to ensure their property is safe if they have an attractive nuisance on the premises.

What Elements Can Make a Premises Liability Claim Valid?

For a premises liability claim to be valid in New Jersey, there are generally four elements you must prove as true. These include:

• Duty of care
• Breach of duty
• Causation
• Damages

Essentially, you must be able to show that the property owner owed you a duty of care due to your status as a visitor on their property and that they breached this duty by failing to keep the premises safe. You must also show that this breach directly caused the injuries you have sustained, as well as the damages suffered as a result of the injury on their property.

Unfortunately, filing a claim while also managing your injury can be difficult. As such, working with an experienced attorney from the Law Offices of August R. Soltis is in your best interest. Our firm understands how difficult these matters can be, which is why we are dedicated to providing you with the best possible legal advice for your circumstances to help you fight for a favorable outcome. Contact us today to learn how we may assist you.