Invitees, Licensees, and Trespassers – Liability In New Jersey Slip and Fall Cases

If you are injured in a Bergen County slip and fall it is important to know if the property owner is liable. When you ask yourself “do I have a slip and fall case?” first you must know if you are an invitee, licensee, or a trespasser.

Invitees are visitors who are on the property conducting business. For example, an electrician who comes to the home and conducts business on the premises may qualify as an invitee. Licensees are those who have been given permission or an invitation to enter a property. Licensees are typically friends or family members who have been granted access to the property.

Property owners in New Jersey may be liable for injuries to business invitees and licensees. The owner may be held liable if they knew of a possible danger, and did not fix it or warn the visitor of the risk. This can be interpreted in rather broad terms.

New Jersey property owners may be liable if the visitor did not know or should not have known about the existence of the danger. Property owners must actually perform checks for dangerous aspects of their property before an invitee enters the property, while this duty does not exist for licensees. 

Bergen County property owners are generally not liable for injuries suffered by those who are trespassing at the time of the incident; however, there are some exceptions. One important exception to this rule is if the property owner has reason to believe there are regular trespassers on his land (such as children crossing property on way to school). So, even trespassers can have certain rights to sue.

There is generally a two-year statute of limitations on most personal injury cases in New Jersey. There are exceptions to that rule that can shorten the time. To discuss your slip and fall case with a Bergen County attorney, contact The Morano Law Firm at 201-598-5019 or [email protected] today.