When you step into a store, visit someone’s home, or walk down a sidewalk, you expect these places to be reasonably safe. But what happens when they’re not? In New Jersey, property owners have legal responsibilities to maintain safe conditions on their premises. Understanding these laws can be crucial if you’ve been injured due to unsafe property conditions.
Understanding Premises Liability
Premises liability is a legal doctrine that makes property owners accountable for injuries occurring on their property when caused by hazardous conditions. This area of law recognizes that people should be able to visit properties without fear of preventable harm.
In New Jersey, premises liability cases arise when someone gets hurt because a property owner failed to maintain safe conditions or adequately warn visitors about known dangers. Property owners have a legal responsibility to ensure their property is reasonably safe for visitors, with the level of care required depending on the visitor’s legal status.
How New Jersey Categorizes Visitors
Under New Jersey premises liability law, your rights and the property owner’s duties depend on your status as a visitor and the specific circumstances of your injury. New Jersey law divides property visitors into three main categories, each owed different levels of care:
- Invitees receive the highest level of protection. This category includes people invited onto property for commercial reasons, such as store customers. New Jersey law requires property owners to provide invitees with the highest standard of care. Property owners must regularly inspect their premises for dangers, promptly repair hazardous conditions, and post clear warning signs about non-obvious risks.
- Licensees are individuals with permission to enter property for their personal reasons, including social visitors or sales representatives. Property owners owe licensees a lesser duty of care, which includes warning them about known hazards and repairing dangerous conditions the owner knows about.
- Trespassers receive minimal protection from property owners. Generally, property owners aren’t required to ensure trespasser safety. However, they cannot intentionally harm trespassers or create hidden traps. Special rules apply for child trespassers in certain situations.
Key Legal Requirements for Property Owners
Under New Jersey premises liability law, property owners must meet several important obligations:
Duty to Inspect
Property owners are required to conduct routine inspections to identify new or concealed defects, dangers, or safety risks. This includes looking for problems that might not be immediately obvious to visitors.
Duty to Repair
When hazardous conditions are found in rental units or shared spaces, owners must address them without delay. Simply knowing about a problem isn’t enough; action must be taken.
Duty to Warn
If hazards cannot be immediately fixed, owners must display clear warning notices about property dangers that typical visitors might not readily recognize. These warnings must be clear and placed where visitors will see them.
Notice Requirements: When Property Owners Become Liable
A crucial element in New Jersey premises liability cases is notice. Liability only applies when property owners had actual or constructive knowledge of hazardous conditions. Injury victims must demonstrate that the property owner or responsible party knew or should have known about the defect for a reasonable time before the accident occurred.
Actual notice means the property owner knew about the hazard directly.
Constructive notice means the owner should have known about the condition through reasonable inspections or because the hazard existed for a sufficient period.
Special Considerations for Different Property Types
Commercial Properties
Businesses owe the highest duty of care to customers and must maintain safe conditions during operating hours. This includes regular cleaning, proper lighting, and prompt hazard removal.
Residential Property Cases
Tenants receive the highest level of legal protection (as invitees) since they occupy rental property to the owner’s advantage. Landlords must maintain common areas and address reported hazards promptly.
Government Properties
Claims against government entities face special rules and shorter deadlines. These cases often require additional procedural steps and specific notice requirements.
Typical Premises Liability Scenarios
Slip and Fall Incidents
This category accounts for the majority of premises liability claims. In 2023, nearly 8.9 million fall-related injuries were recorded in the US, according to the National Safety Council. In addition, falls caused over 47,000 deaths across the nation that year.
Common causes of falls include:
- Wet floors without warning signs
- Slippery surfaces such as recently waxed floors
- Uneven sidewalks or walkways
- Poor lighting in stairwells
- Icy parking lots and walkways
- Debris or obstacles in walkways.
Snow and Ice Liability
A commercial landlord is responsible for reasonable and prompt snow and ice removal from the abutting sidewalks and parking lot. However, the rules differ for residential properties. Residential property owners have no legal duty to clear snow and ice from adjacent sidewalks, but may be responsible for their own private driveways.
Recent Legal Development: Sidewalk Liability
A significant change occurred in 2024 with the New Jersey Supreme Court decision in the case of Padilla v. Young. This groundbreaking ruling established that commercial property owners must now maintain public sidewalks adjacent to their premises. This expands liability beyond the traditional rules and makes it easier for injured pedestrians to pursue claims.
Inadequate Security
Property owners may be liable for criminal attacks if they failed to provide reasonable security measures. The duty to protect depends on factors like the crime history in the area and the foreseeability of criminal activity.
Establishing Negligence in New Jersey
Establishing negligence in New Jersey premises liability cases requires injured parties to prove these four key components:
- Duty of care: Show that the property owner had a legal obligation to ensure the injured person’s safety.
- Breach of duty: Establish that the owner failed to meet this obligation by not maintaining safe property conditions.
- Causation: Demonstrate that this failure directly resulted in the injury.
- Damages: Document the actual harm and losses suffered from the incident.
New Jersey’s Comparative Fault Standard
New Jersey follows a “modified comparative negligence” system, meaning it looks into all parties’ potential negligence that contributed to an accident. If an injured person is also partially at fault for their own accident, their compensation could be lowered.
- 50% threshold rule: Under New Jersey law, plaintiffs (claimants) can recover damages if they are 50% or less at fault. However, they are barred from recovery if found more than 50% responsible.
- Damage reduction: The principle that compensation should be reduced according to the party’s share of negligence is codified in New Jersey Revised Statutes 2A:15-5.1.
- Comparative fault application: New Jersey Courts’ official documentation confirms that “apportionment of fault is favored under New Jersey law and is mandated when liability is in dispute.”
Premises Liability Concerns: Staggering Slip and Fall Statistics
The numbers surrounding premises liability accidents are sobering. Slip-and-falls are especially common:
- Fall-related injuries among older adults (age 65 upwards) result in approximately 3 million emergency room visits annually.
- Ten percent of older-adult fall incidents result in injuries severe enough to limit daily activities for at least one day or require medical care.
- Senior citizens account for roughly 1 million hospitalizations each year due to fall injuries.
- Falls caused 83% of hip fracture fatalities and 88% of hip fracture emergency visits and hospital admissions in 2019.
- Nearly 319,000 senior citizens require hospitalization for hip fractures annually.
- Traumatic brain injuries most commonly result from fall accidents.
What to Do After a Premises Liability Accident
If you’ve been injured on someone else’s premises:
- Seek medical attention right away. Your health comes first.
- Document everything. Take photos of the hazard and your injuries.
- Report the incident. Notify the property owner, manager, or landlord.
- Preserve evidence. Keep the clothing and shoes you were wearing.
- Get witness information. Contact details can be crucial later.
- Contact an experienced attorney. Legal guidance protects your rights.
Important Legal Deadlines
New Jersey strictly imposes a standard two-year statute of limitations for premises liability lawsuits. Potential plaintiffs must initiate their lawsuit within this two-year timeframe or lose their right to pursue the claim.
For claims against government entities, the deadline is much shorter. For injuries occurring on government property in New Jersey, victims must submit a notice of claim within 90 days of the incident and wait at least six months before pursuing litigation.
Types of Compensation Available
Successful premises liability claims in New Jersey can recover several types of damages:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Rehabilitation costs.
When a slip and fall accident requires surgery, the settlement value in New Jersey can increase significantly. The value depends on factors like the severity of injuries, the clarity of the property owner’s negligence, and the impact on your daily life.
Dealing with Insurance Companies
Insurance companies frequently attempt to reduce or reject premises liability claims. Insurers systematically employ delay, denial, and defense strategies that harm their policyholders when they need support most. Having experienced legal representation helps level the playing field and ensures you receive fair compensation.
Why Premises Liability Experience Matters: Scott Grossman’s Expertise
When facing a premises liability claim, having an experienced attorney makes all the difference. Attorney Scott Grossman of the Grossman Law Firm brings over 20 years of dedicated experience in New Jersey personal injury law, including complex premises liability cases. His qualifications include:
- Selected as among the Super Lawyers from 2022 through 2025
- Multiple television stations and prominent newspapers have sought Scott’s legal expertise on New Jersey dog bite law, auto insurance regulations, and personal injury matters
- New Jersey Association for Justice (Longtime member who previously served on NJAJ’s Board of Governors)
The firm’s results demonstrate exceptional success. Our team has secured tens of millions in compensation through settlements and trial victories for injured clients. Recent notable results include a $2 million verdict in a lawsuit against State Farm for a client injured in a car accident.
Contact Grossman Law Firm for Expert Representation
If you’ve been injured on someone else’s property in New Jersey, you don’t have to face the complex legal system alone. Grossman Law Firm’s top-rated team has the experience and track record to fight for your rights. The firm has earned recognition as one of New Jersey’s leading personal injury practices, with memberships in the Million Dollar and Multi-Million Dollar Advocates Forums.
Why choose Grossman Law Firm?
- Over 20 years of premises liability experience
- Proven track record with tens of millions recovered
- No fees unless you win your case
- Personalized attention to every client
- Offices throughout New Jersey for your convenience.
Don’t let property owners or insurance companies take advantage of you during this difficult time. Contact Grossman Law Firm today at (732) 625-9494 for a free consultation. Our experienced New Jersey personal injury attorneys are ready to fight for the compensation you deserve.
