How the Results May Differ Based on Why the Person Was on the Premises

In New Jersey, as in other states, the owner (or person exercising control over premises, such as a tenant or property manager) of residential or commercial property has a duty to maintain the premises in such a way as to minimize the risk of injury to individuals visiting the property. The duty is not absolute, though. The owner must generally take reasonable steps to monitor the property for potentially dangerous conditions, and then must fix those problems, reasonably warn visitors of the potential dangers, or take steps to prevent visitors from having access to that part of the property where the risk of injury exists.

The duty owed by owner/person in control varies, however, based on the reason why the injured person is on the property:

• Trespasser—If the victim is on the property without permission, he or she generally has no recourse for injuries suffered. One notable exception applies to children and what is known as an "attractive nuisance." If there’s something on the property that would naturally attract children to the land—a pool or playset, for example—an owner may have liability even if the child entered without permission.
• Licensee—A licensee is anyone who comes on the property with the implied or express permission of the owner or person in control. This may include a party guest or anyone coming on to property for his or her own benefit. A property owner is liable for injuries to a licensee only to the extent that he knew or should have known of the dangerous condition and would reasonably have been expected to acknowledge and fix it.
• Invitee—An invitee is a person who comes on property for the benefit of the property owner. Shoppers and employees are generally considered invitees, as are individuals who enter land open to the public. The duty to an invitee is the highest, requiring that the property owner use reasonable and ordinary care to keep the property safe, making regular inspections and warning of non-obvious and dangerous conditions.

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At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained injuries in a slip and fall accident. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

The Duties of Property Owners to Minimize Risk of Injury

In New Jersey, as in all states, an owner or other person exercising control over real property has a duty to take certain actions to minimize the risk of injury to persons legally on the property. That duty applies to both residential and commercial property. The duty extends to anyone who exercises control over property, including owners, landlords, tenants and property managers.

As a general rule, a property owner must take reasonable steps to monitor property for potentially dangerous conditions. Nonetheless, there’s no requirement of actual knowledge of a dangerous condition. If the owner/property controller should have known of the condition through the exercise of reasonable care, there may be liability.

Once a dangerous condition is discovered (or should have been discovered), the owner must either eliminate the risk of injury (fix the problem), prevent access to the area of the property where the hazard exists, or provide reasonable notice to potential visitors of the risk.

An owner’s duty varies based on whether the visitor is deemed to be a trespasser, an invitee or a licensee:

• A trespasser is someone who is on property without express or implied permission. As a general rule, there is no duty owed to trespassers. One exception to that rule—children who trespass because of an “attractive nuisance” on the property may still have a claim.
• An invitee is any person who enters onto property for the benefit of the property owner. New Jersey identifies two types of invitees—business invitees and public invitees. A business invitee is anyone who enters property to potentially conduct business with the property owner. A public invitee is someone who enters ostensibly public land, including public parks, malls and hospitals. Property owners owe the highest duty to invitees.
• A licensee is someone who enters property with the express or implied permission of the owner. Typically, a party guest in your home is a licensee. The duty of a property owner to a licensee is only to remedy or warn of conditions that were known, but which the licensee would not be able to independently discover.

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At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

The Basic Policy for Personal Injury Protection (PIP) in New Jersey

In New Jersey, all motor vehicle operators are required under the law to have a “basic policy” of liability insurance. Technically, New Jersey is a “no-fault” state. That means that, when you’ve suffered injury or loss in an automobile crash, you seek benefits from your own insurer, who may then pursue reimbursement from the at-fault party’s insurer.

Under New Jersey law, you must meet minimum requirements with your motor vehicle accident insurance policy. The policy must have at least $5,000 worth of coverage for property damage. That applies only to damage to another person’s property (including a car). You must also have at least $15,000 in personal injury protection (PIP), which covers injuries suffered by anyone covered under your policy (including you). The $15,000 PIP coverage is per person, per accident. You can get as much as $250,000 per person, per accident for serious types of trauma, including brain or spinal cord injury.

There’s no requirement with the basic policy that you carry coverage for the personal injuries suffered by another person. As a consequence, if you cause injury to a third party, you can be personally responsible for any medical expenses or losses suffered by another person that are not covered by his or her PIP provisions.

With the basic policy, the policyholder (and all other covered individuals under the policy) is contractually bound by what’s known as the “limited right to sue.” Under the limited right to sue, an injured person may only bring a lawsuit for damages under limited circumstances, including where injuries include:

• The loss of a body part
• Significant scarring or disfigurement
• The loss of a fetus
• A displaced fracture
• A permanent injury
• Death

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or (201) 535-0323 or send us an e-mail.