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Duty of care in slip-and-fall cases depends on visitor’s status

On Behalf of | Oct 1, 2024 | Slip and Fall |

New Jersey property owners are often held responsible for slip-and-fall accidents that occur on their property. Generally, these property owners have a duty to take reasonable steps to protect certain visitors from dangerous conditions on the property. The status of a guest will determine the level of care owed to them by a property owner.

  • Invitees: Property owners generally owe the highest level of care to business invitees, or those invited to the premises for a business purpose. Property owners are required to inspect the premises for unknown hazards and exercise reasonable care to prevent injuries to invitees. Property owners may be liable to invitees if they knew or should have known of a dangerous condition on the premises but failed to take reasonable steps to correct it or warn invitees of its existence.
  • Licensees: Property owners generally owe a lower level of care to licensees, or people on the premises for social reasons, than to invitees. Property owners do not need to inspect the premises for hazards, but they have a duty to take reasonable steps to correct or warn of known dangers.
  • Trespassers: Property owners generally owe the lowest level of care to trespassers, or people who enter the premises without permission from the owner. Property owners only obligation is to not do anything to intentionally cause harm to a known trespasser.

Under premises liability laws, if a property owner breaches the duty of care owed to a visitor on the premises, and the visitor suffers injuries in a slip-and-fall while on the premises, the owner may owe the visitor economic and noneconomic damages. Economic damages cover medical expenses and lost wages, while noneconomic damages cover pain and suffering and emotional distress.