Increased Risk During the Holiday | The Duties of Property Owners
Studies routinely show that premises liability accidents—slips and falls—go up during the holiday season, particularly at retail establishments. There are many reasons for this:
- The holiday shopping season means bigger crowds almost everywhere you go, typically making it more challenging to get from one place to another.
- People tend to be in a greater hurry during the holiday season.
- An accumulation of snow and ice is more likely during the holidays, making foot travel precarious.
The Duties of Commercial Property Owners in New Jersey
In New Jersey, as in most states, the duties owed by the owner (or person in control) of premises will vary, based on the legal status of the person injured. As a general rule, property owners have a legal obligation to reasonably maintain property in a way that minimizes the risk of injury to visitors. Legal visitors are generally categorized as either licensees or invitees:
- Invitees are persons with either an express or implied invitation to enter the property for business or commercial purpose. In situations involving commercial property, customers are considered to be invitees. Property owners in New Jersey owe the highest duty of care to invitees. The owner must either fix all potential dangers or reasonably warn invitees of any hazards. In addition, owners must reasonably inspect the premises to discover any potential dangers or defects.
- Licensees are typically persons invited onto property for a social purpose. While an owner owes licensees the duty to fix or warn of dangers or hazards, there is no duty to inspect the premises for hazards. An owner can be liable only for injuries caused by hazards they actually knew about or reasonably should have known about.
Contact the Law Offices of David J. Karbasian, PC
You have the right to seek full and fair compensation if you’re hurt in a slip and fall on commercial property. We can help. Send us an email today or call us at 1-877-HOGLAW1 to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
