If you sustain injuries on someone’s property due to lack of maintenance, unsafe conditions, or other issues, you may have grounds for a premises liability claim.
Duty of Care
Premises liability includes residences, commercial buildings, and public property. The duty of care a property owner has is based on the relationship between the owner and the injured person. In New Jersey (and most states) an injured person falls into one of the following groups:
Invitee – This is someone, such as a grocery shopper, who enters a property due to the owner’s implied or expressed consent.
Licensee – This is a visitor who is allowed on the property for his or her own purposes by the landowner. Such people include houseguests and salespeople.
Trespasser – This is someone who has no authorization to be on the property. Typically, landowners do not have any duty to a trespasser other than not to cause bodily harm when they discover him. The exception to the trespasser rule involves children. In this case, the landowner owes a higher duty of care to avoid a foreseeable risk of harm to the child caused by an artificial condition such as a swimming pool.
Types of Premises Liability
There are a variety of situations that can result in a premises liability case, including but not limited to:
- Dog bite
- Elevator or escalator accident
- Security guard assault
- Amusement park accident
- Slip and fall accident
- Inadequate property maintenance
- Swimming pool accident
Plaintiffs that have a premises liability case are eligible to receive:
- Lost income
- Medical costs such as hospital bills
- Punitive damages in the event the property owner committed a serious crime or made a major error
- Pain and suffering