If you own property in New Jersey or suffer an injury on someone else’s property, you should understand the legal responsibilities property owners have. The “duty of care” refers to the level of responsibility a property owner must follow to keep others safe. In New Jersey, this duty depends on the visitor’s status.
Invitees receive the highest duty of care
Invitees have permission to be on the property for a business-related reason. This group includes customers, clients, and contractors. Property owners must repair known hazards and regularly inspect the area to discover hidden dangers. For example, if a spill occurs in a grocery store aisle, the store must either clean it quickly or place a warning sign.
Licensees receive reasonable protection
Licensees enter the property with the owner’s permission, but not for business purposes. Guests at a private home fall into this category. The owner must address known dangers or give a warning. However, the law does not require the owner to search for hidden risks. For instance, if a homeowner knows about a broken step, they should mention it to guests.
Trespassers receive limited protection
Trespassers enter the property without permission. Property owners typically owe them very little responsibility. However, owners cannot set traps or cause intentional harm. In certain situations, like when a child wanders into a dangerous area with something that may attract them (such as a pool), the owner could be liable. The “attractive nuisance” rule may apply in those cases.
What this means for you
Property owners in New Jersey must follow different standards depending on who enters their property and why. If you understand how the law classifies visitors, you can take the proper steps to protect your guests and reduce the risk of legal issues.
