New Jersey Premises Liability Lawyer

What duty does a New Jersey property owner owe?

It depends on why you were there. New Jersey still uses the traditional categories. Business visitors, called invitees, are owed the highest duty, including reasonable inspection. Social guests, called licensees, must be warned of known dangers. Trespassers are owed the least.

New Jersey courts may also look at the relationship between the parties, the nature of the risk and general fairness, which can blur the edges of these categories. In most retail, restaurant and apartment cases, the injured person is an invitee, and the owner had to inspect for and fix hazards it should have found.

Who is responsible for a fall on a New Jersey sidewalk?

It depends on who owns the property next to the sidewalk. Commercial property owners in New Jersey generally have a duty to maintain the public sidewalk in front of their property, including reasonable snow and ice removal. Residential owners usually do not have the same duty, unless they created the hazard.

That distinction surprises many people. A fall on a broken sidewalk outside a store may support a claim against the store owner. The same fall outside a single-family home may not. If the town owns or controls the sidewalk, a notice of claim is generally required within 90 days, and public entities have additional protections.

Do stores have to know about a spill before they are liable?

Not always. Normally, an injured person must show the owner knew or should have known about the hazard. But New Jersey recognizes a mode of operation rule for certain self-service businesses.

When a business sets up its operations so customers handle products, such as self-service produce, bulk food bins or self-serve drink stations, spills and debris are a foreseeable part of the business. In those settings, an injured customer may not need to prove the store knew about the specific spill. The store can still defend itself by showing it took reasonable steps to prevent such hazards.

What about snow and ice in New Jersey?

Commercial owners must act reasonably to clear snow and ice. New Jersey courts generally do not require them to clear surfaces while a storm is still underway, unless their own actions made conditions more dangerous.

Common winter hazards include:

• Commercial sidewalks and parking lots left icy days after a storm.
• Refreezing meltwater from snow piles.
• Roof runoff onto walkways.
• Entrances without mats.

Weather records, snow removal contracts and maintenance logs often decide these cases. A snow removal contractor may share responsibility.

What about casino, boardwalk and Shore injuries?

These properties must keep their premises reasonably safe for large crowds. Atlantic City casinos, hotels and the boardwalk draw heavy foot traffic, and Shore towns fill with visitors each summer.

Common claims involve:

• Slippery casino floors and spilled drinks.
• Broken boards and uneven surfaces on boardwalks.
• Unsafe rental properties at the Shore.
• Pool and hotel injuries.
• Assaults where security was inadequate.

Some boardwalks and beaches are publicly owned, so a notice of claim may be required within 90 days. Our page on government and public property injury claims explains these rules.

How does fault affect a New Jersey premises claim?

Your award is reduced by your share of fault, and you recover nothing if your share is greater than the defendants' combined fault.

Here is an example. You slip on ice on the sidewalk outside a pharmacy in Hoboken two days after a storm and fracture your wrist. Your damages total $70,000. The pharmacy argues you were not watching where you walked. If a jury finds you 20% at fault, you receive $56,000. If it finds you 50% at fault, you receive $35,000. If it finds you 51% at fault, you receive nothing.

The store's best argument is usually that the ice was plain to see. Photos taken right away, showing a thin glaze in shadow or snow covering the ice, often answer that argument better than anything said months later.

What should I do after getting hurt on New Jersey property?

Act before the hazard is cleaned up and before the 90-day notice window closes on any public entity claim.

1. Report it and ask for an incident report.
2. Photograph the hazard and the area.
3. Get witness names.
4. Ask in writing that video be preserved.
5. Write down whether any public entity owns the property, and talk with our team about the 90-day notice.

Learn more on our premises liability practice page and our New Jersey injury law overview. Dog-related injuries are covered on our dog bites page.