Injured on Someone's Property? The Basics of Premises Liability

Who is legally liable for your personal injury? This is one of the most fundamental questions to answer in order to seek and win damages from any party after an injury. While the answer may sometimes be clear — such as when another driver hits your car — it is more complex in other situations. Determining who is liable when you're injured on the property of another party is one of these complicated cases. 

To help you find the best avenue to get the compensation you need to recover, learn what every New Jersey injury victim needs to know about premises liability.

What Is Premises Liability?

Premises liability law is the legal responsibility that property owners and others have to provide a safe environment for others. Every state requires that property owners take at least some responsibility for maintaining that safe environment, although the level to which they must go varies.

Who May Be Liable?

The most likely party responsible for any property is that property's owner or owners. After all, they have ultimate control over its condition and upkeep even if they aren't physically on the site.

However, others may be liable, too, if they had control over the environment. If you're injured at a rented house, both the landlord and the tenant may have some liability for individual failures to keep a safe environment. Hit on the head by a speaker at a wedding? Liability may fall in parts on the venue owner, the person who owns the speaker, the hosts, another vendor, or even the wedding coordinator.

How Does Visitor Status Affect Premises Liability?

A number of key nuances exist in premises liability law. One of the most important is the injured party's status or why they were on the property. In New Jersey, as in many states, persons on a property are categorized based on the reason they're there and whether or not they had permission.

In general, the highest level of care is expected toward a person who comes on a property as a business invitee. This may include customers, employees, vendors, business partners, and others whose purpose in being there is to potentially increase the income of the property owner. Because this is a profit-building exercise by the owner, the standards for maintaining a safe environment are high.

The next category is known as a licensee — a broad term referring to persons who are legally allowed to be on the property for other than business reasons. These are your friends and relatives, the person fixing your water heater, the meter reader, delivery drivers, and others. The property owner or manager isn't held to as high a standard as for a business invitee, but they must warn licensees of known dangers.

Finally, an uninvited and unauthorized person is known as a trespasser. Trespassers are not on the property legally. The duty of care in New Jersey is minimal toward trespassers due to violating the property. In general, the property owner's responsibility is limited to not intentionally or recklessly causing harm to the trespasser.

Where Can You Learn More?

Premises liability is a wide-ranging subject. Many parties may share liability. Your own status as a visitor can have a big impact on their responsibilities. And knowing your rights is key to receiving proper compensation from any party who bears responsibility.

Where should you start learning more? Borbi, Clancy & Patrizi can help. We've assisted many of your New Jersey neighbors with their personal injury needs, and we can help you too. Call today to make an appointment or get answers to your questions about injury and premises liability.