In New Jersey, a property owner’s responsibility to another party depends in part upon that party’s classification, based upon his or her right to be on the land. There are three classifications, which are, trespasser, licensee, and invitee. A trespasser has no right to be on the property, and is owed the least amount of care by the property owner. A licensee is a step up from a trespasser, as he or she has the owner’s consent to be on the property, but has no business purpose for being there. Social guests are considered licensees. A business invitee is owed the most duty of care. In order to be considered a business invitee, one must be on the premises for the benefit of the landowner, lessee, or occupant.
A party’s classification must be consistent with his or her primary purpose for being on the property. To this end, it has generally been held that a social guest remains such despite the performance of services beneficial to the property owner in the course of the visit. On the other hand, when a person, even a family member, is invited solely for the purpose of performing or assisting in the performance of services, and not to attend the social gathering, the person is an invitee. The fact that the services are performed gratuitously does not negate the status of the person doing them as an invitee.
The duty a property owner owes to an invitee is to use reasonable care to make the premises safe, including reasonable inspection to discover dangerous conditions in the property. One exception to this, however, is landowners who invite third parties onto their land for purposes of picking or gathering agricultural or horticultural products. In this case, the landowner is not liable for injuries resulting from the natural risks, which are characteristic of agricultural or horticultural land. The gist of premises liability is the fact that a person injured did not act merely of his own volition, but that he or she entered the premises, having been led to believe, by the property owner, that said premises were intended to be used in the manner in which he or she would use them, and it would be safe to do so.
New Jersey premises liability law imparts upon a landowner or possessor or property a duty of care to third parties based on whether the party is classified as an invitee, licensee, or trespasser. A property owner who fails to safeguard invitees against dangerous conditions of the property may be liable for injuries resulting from such failure.
Sources:
N.J.S.A. § 2A:42A-10
Butler v. Acme Markets, Inc., 445 A.2d 1141
Creamer v. Levy and Blumenfield, 155 A. 446
Daggett v. Di Trani, A.2d 809, (App. Div. 1984).
Pearlstein, supra, 52 N.J. Super. at 458.
A party’s classification must be consistent with his or her primary purpose for being on the property. To this end, it has generally been held that a social guest remains such despite the performance of services beneficial to the property owner in the course of the visit. On the other hand, when a person, even a family member, is invited solely for the purpose of performing or assisting in the performance of services, and not to attend the social gathering, the person is an invitee. The fact that the services are performed gratuitously does not negate the status of the person doing them as an invitee.
The duty a property owner owes to an invitee is to use reasonable care to make the premises safe, including reasonable inspection to discover dangerous conditions in the property. One exception to this, however, is landowners who invite third parties onto their land for purposes of picking or gathering agricultural or horticultural products. In this case, the landowner is not liable for injuries resulting from the natural risks, which are characteristic of agricultural or horticultural land. The gist of premises liability is the fact that a person injured did not act merely of his own volition, but that he or she entered the premises, having been led to believe, by the property owner, that said premises were intended to be used in the manner in which he or she would use them, and it would be safe to do so.
New Jersey premises liability law imparts upon a landowner or possessor or property a duty of care to third parties based on whether the party is classified as an invitee, licensee, or trespasser. A property owner who fails to safeguard invitees against dangerous conditions of the property may be liable for injuries resulting from such failure.
Sources:
N.J.S.A. § 2A:42A-10
Butler v. Acme Markets, Inc., 445 A.2d 1141
Creamer v. Levy and Blumenfield, 155 A. 446
Daggett v. Di Trani, A.2d 809, (App. Div. 1984).
Pearlstein, supra, 52 N.J. Super. at 458.
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ReplyDeletePremises liability is the liability for a landowner for certain torts that occur on the real property. This can range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs.Bankruptcy Lawyer