Protecting Your Rights When You’re Hurt on Someone Else’s Property
Summertime… pool parties, picnics, and other outdoor gatherings. Often, in the midst of the revelry, people get careless and someone gets hurt. What are your rights when you’re injured at a social event at someone else’s house? What must you do to get full and fair compensation for your losses?
The Duties of Homeowners to Their Social Guests
In New Jersey, all property owners, including homeowners, owe certain duties to anyone legally visiting their property. The specific nature of those duties depends on the legal status of the visitor at the time of the injury.
Legal visitors to property generally fall into two different categories:
- Licensees— A licensee is a person who comes onto property for their own benefit, rather than for the benefit of the property owner. Social guests on private property are always considered licensees. In New Jersey, the owner (or other person in control of the property) owes licensees a duty to warn about any dangers of which the owner is aware and which the licensee would not reasonably discover on their own.
- Invitees— An invitee comes onto property primarily or exclusively for the benefit of the property owner. While most people who enter private property are licensees, there are exceptions. A person who comes to work on residential property, such as a contractor, cleaner, or delivery truck driver, may qualify as an invitee. The duty owed to invitees is the highest. The owner or other person in control of the property must inspect the property for hazards and either warn invitees of any hazards or take steps to eliminate them.
Accordingly, if you’re hurt in a slip-and-fall or other type of accident while attending a social event at a private residence this summer, you must first establish your status as a licensee and provide evidence that the homeowner, or other person in control of the property, breached their duty of care in a way that caused your injuries.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.