By Greg Kohn
Partner

A slip on a grocery store floor. A fall on a broken stairwell. A trip over cracked pavement outside an office building. These might seem like everyday accidents, but when they happen because someone failed to keep their property safe, they may be grounds for a legal claim under New Jersey premises liability law.

At Nagel Rice LLP, we represent individuals across the state who were injured on unsafe property. From Essex County to Sussex County, our trial attorneys have helped clients recover compensation for medical bills, lost income, and lasting harm caused by property owner negligence.

Here’s what you need to know if you’ve been injured on someone else’s property in New Jersey.

What Is Premises Liability?

Premises liability is the legal concept that holds property owners—and sometimes tenants or managers—responsible when someone is injured due to unsafe conditions on their property. These laws apply to a wide range of locations, including:

  • Private homes and apartment complexes
  • Retail stores and shopping centers
  • Sidewalks and parking lots
  • Schools and playgrounds
  • Public parks and recreational spaces

Common examples of premises liability incidents include:

  • Slipping on an unmarked wet floor
  • Tripping over uneven or poorly lit walkways
  • Being struck by falling merchandise
  • Suffering injuries due to inadequate security

In each case, the key question is whether the property owner knew or should have known about the hazard and failed to fix or warn about it.

Types of Premises Liability Cases in New Jersey

Premises liability claims come in many forms, and not all involve dramatic accidents. Some develop over time or in seemingly ordinary places. The most common types of claims include:

  • Slip and fall accidents: Wet floors, icy sidewalks, or debris left in walking areas
  • Inadequate maintenance: Broken handrails, loose flooring, or faulty lighting
  • Negligent security: Injuries or assaults due to lack of security guards, cameras, or lighting
  • Swimming pool accidents: Drowning or injury due to lack of supervision or fencing
  • Dog bites: When a dog owner fails to control a dangerous animal on their property

Whether the injury happened in a mall in Morristown, a supermarket in Newton, or an apartment complex in West Orange, New Jersey law allows victims to seek compensation when property owners fail to maintain safe conditions.

Key Legal Standards in New Jersey Premises Liability Cases

Premises liability law in New Jersey depends heavily on the legal status of the visitor at the time of the injury:

  • Invitees (e.g., customers in a store): Property owners owe the highest duty to keep the premises safe and inspect regularly for hazards.
  • Licensees (e.g., social guests): Owners must warn of known dangers that might not be obvious.
  • Trespassers: Generally owed limited duty, though property owners may still be liable if the trespasser is a child or if the hazard was intentionally dangerous.

To win a premises liability case, the injured person must prove:

  1. A dangerous condition existed on the property.
  2. The owner or operator knew (or should have known) about it.
  3. The condition directly caused the injury.

New Jersey also follows a comparative negligence rule. This means if the injured person was partially at fault, such as by ignoring warning signs, their compensation may be reduced, but not necessarily eliminated.

Know Your Rights After a Property-Related Injury

A property owner’s failure to fix a hazard shouldn’t leave you facing medical bills and missed work alone. If you were injured on someone else’s property in New Jersey, you may have legal options.

Nagel Rice LLP has been fighting for injury victims for over 40 years. Contact our team today for a free consultation. We’ll review your case, explain your rights, and help you move forward.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.