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When someone suffers a personal injury and the cause of the accident was caused by an unsafe or defective condition on another’s property, the personal injury claim and lawsuit falls under an area of the law known as premises liability. When it comes to premises liability cases, there are certain elements that must be met in order to be able to successfully move forward in a lawsuit.
Elements of Premises Liability Cases
Generally, premises liability cases turn on three essential elements – possession of the property, the status of the entrant who was hurt, and the defendant’s duty owed to the entrant based on that status.
First, an injured plaintiff must prove that a dangerous or unsafe condition existed on the property and that condition resulted in his or her injury. Once this causal link has been established, then the next critical issue is the victim’s status as a visitor on the property at the time of the accident. This is because an entrant’s status and the duty owed are directly related elements. Simply put, the duty owed to the entrant is different depending on their status on the property.
Under premises liability law, there are different types or legal classes of people that enter onto a property. The property owner generally owes a different legal duty to each entrant based on that legal status. These legal status are trespassers, licensees, and invitees.
- Trespassers: The lowest duty of care is owed to someone who has trespassed onto a property. Basically, a trespasser is someone who is not allowed to be on the property but does so anyway. The only duty owed to a trespasser is not to use excessive force when defending self, property, or premises. There is generally no duty to warn trespassers of dangers nor to make the premises safe for them.
- Licensees: The middle level of duty of care owed is to licensees. A licensee is a person who is allowed on the premises if they wish, but was not specifically invited onto the property. There is a legal duty to warn licensees of known dangers as well as those dangers that can not be easily seen.
- Invitees: An invitee enjoys the highest duty of care and is someone who was invited by the property owner or possessor to enter the land for his or her benefit. A invitee is owed the duty of reasonably maintaining and repairing the property so that he or she is not injured.
Other Factors to Consider
The law may also require the injured party to prove that the defendant had actual notice of the dangerous condition that caused the accident, depending on the victim’s legal status. If the property was a commercial establishment, beyond actual notice, an injured party can prove constructive notice, which means that if the defendant would have done reasonable inspections, the dangerous or unsafe condition would have been discovered or and the visitor could have been warned.
As can be seen, New Jersey premises liability law can be complicated. For this reason, hiring a skilled personal injury attorney is key when seeking monetary compensation for injuries suffered. Contact Richard Schibell today to help you with your case.
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source http://richardschibell.com/personal-injury-new-jersey-premises-liability-law/
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