Premises liability refers to keeping a safe home environment that people will not injure themselves on as a property owner. A good example is if somebody comes onto your property to do work for you and they slip and fall on oil slick that was left in your driveway. If you knew about this and didn’t do anything to take care of the issue, they may have a case against you. Many things are considered in the event of a premises liability claim, and one of these elements is how the plaintiff relates to the case. Here are four labels that may apply to the case:
- Invitee: This is someone who is invited onto the property of another person. This could even be classified as a customer visiting a store. The property owner must have taken reasonable steps to assure the overall safety of the premises.
- Licensee: This type of visitor comes onto a property for their own purpose, such as a social guest or somebody who was welcomed to do special work.
- Social Guest: This is a welcome visitor to the property.
- Trespasser: This is someone who enters the property without any right whatsoever to do so. There is no implied promise that reasonable care will be taken to make sure the property is safe for entry.
Now that you understand premises liability a bit more, you should know about the new act that has been signed into place in New Jersey and how it may affect you.
What Does the Landowner Liability Act Cover?
New Jersey is densely populated, as we know. This means that there is not much undeveloped land available to us for use of recreational purposes like hiking and other activities. Many people are afraid of liability, which is why they do not want people walking around on their land in fear that they could be sued if something happens. Now there is an act that can give these property owners hope and possibly even grant access to their lands without fear of being sued if something happens. There are new protections offered by the New Jersey Landowner Liability Act.
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Landowners are now able to make their properties available for sport or recreational activities by limiting the tort liability these owners would face under common law. These activities permitted include such things as hunting, fishing, horseback riding, hiking, camping, and more. What this act does is provides that a landowner owes no special duty to keep his or her property safe for entry or use by others for sport and recreational activities.
However, there are some exceptions. Here are some situations in which liability is not limited by the act:
- Willful or malicious failure to guard or warn against a dangerous condition or activity
- Injury suffered where permission to engage in recreational activities was granted for a consideration
- Injury caused by someone engaged in recreational activity to someone who is on the property for the landowner’s personal affairs
The New Jersey Landowner Liability Act is an extremely helpful measure to protect citizens but allow others to enjoy property for recreational activities. For all of your premises liability needs, you can call an attorney you can trust at Maggiano, DiGirolamo & Lizzi.