Foreseeabilty in Premises Liability

Premises liability is the area of the law which governs a property owner’s duty to third parties who enter and use the premises. Premises liability laws hold a landowner financially and legally responsible for certain injuries, which are a result of dangerous or defective conditions of the property.  Under common law, the owner is responsible for those defects or conditions of which he or she is aware, or should be aware. However, if the guest is aware of the condition or by a “reasonable use of his faculties” would observe it, the property owner is not liable because of the guest's failure to exercise due care. This means, that foreseeability is key when determining whether a property owner is liable for a guest’s injuries.

In Campbell v. Hastings, a seventy-five year old woman visited a friend's home, for the first time. She entered through the front door into a sunken foyer and proceeded to the back of the foyer and up two steps into the family room. When her visit was over, her friend took her a different way back to the sunken foyer. It was dark outside and the light in the foyer was not turned on. The property owner did not mention that there were two steps leading down to the foyer, and when the woman stepped forward, she fell into the sunken foyer.  Although the foyer contained no defect, the Court concluded that the risk of harm of the unlit foyer should have been reasonably foreseeable under the circumstances, and the property owner was held liable for the woman’s injuries.

In Parks v. Rogers, a social guest fell down a dark stairway, which contained a railing that did not ascend the entire length of the stairs. The Court concluded that the property owners, who owned the house before, during, and after the installation of the stairway, knew of the inadequate length of the handrail. Because the home-owners knew, or had reason to know, of the defective handrail and failed to provide lighting or a warning, they could be found liable for the injuries to their guest.

The New Jersey Courts have stated that a home-owner has a duty to warn the “unwary social guest” of any condition of the premises that the home-owner knows, or has reason to know, creates an unreasonable risk of injury. The foreseeability of a risk is a frequently litigated issue in premises liability cases, however, and is not always easily determined. Many times, expert witness testimony is used to establish that a risk was a foreseeable one from which the home-owner should have protected his or her guest. If you have been injured, an experienced premises liability attorney can help you determine if another party may be responsible for your injures.

For further details visit New Jersey Personal Injury Attorney,or wants an appointment contact Bergen County NJ Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C.

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