If you injured yourself on property belonging to another person, they might hold some responsibility for your injuries.
Negligence in premises liability cases in New Jersey depends on the level of care that the property owner owes to a visitor. The level of care owed depends on the status of the visitor on their property.
Were you trespassing?
If you sustained an injury while trespassing on someone’s property, they are likely not responsible for your injuries. Property owners owe no duty of care to trespassers other than to avoid purposefully causing injury.
Were you legally allowed to be there?
Licensees are legally allowed on a property, but they enter the property for their own purposes. For example, social guests visiting the home of a friend are licensees. Property owners must warn licensees of dangers they are aware of. The property owner permits licensees on their property but does not benefit from their visit.
Were you at a business?
Invitees are people who are on a property for a reason that will benefit the property owner. For example, shoppers at a store or patrons in a restaurant are invitees. The property exists for these people, and the property owner financially benefits from their visits. Property owners owe the highest duty of care to protect business invitees.
In order to show negligence in a premises liability case, you must show that the property owner owed you a duty of care, that the owner breached that duty of care, that the breach caused your injuries and that you suffered from the injuries.
