Premises Liability / Slip and Fall Accidents

New Jersey Premises Liability Lawyers

If you have been seriously injured as a result of the negligence of a property owner or caretaker, hire experienced attorneys with the knowledge, skill, and resources required to achieve successful results in complex premises liability cases — people who are committed to fighting for you and people who can give you the results you need.

For all of that and more, contact Aiello, Harris, Devero, Marth & Schiffman.

Real Help, Real Results…Call (908) 561-5577 Today

Since 1955, Aiello Harris has been handling difficult premises liability cases for people in Somerset County, Union County, Middlesex County, Hunterdon County, Essex County, Morris County, and throughout North and Central New Jersey. What is premises liability? The term "premises liability" refers to the liability of certain persons for injuries and damages to others arising from the ownership or possession of real property.

Although most people are familiar with slip and fall accidents, trip and fall accidents, and dog bites, premises liability encompasses a wide range of other incidents, including:

• Construction accidents
• Swimming pool accidents
• Lead poisoning
• Defective and/or inoperative lighting
• Building code violations
• Failure to warn of hazardous conditions
• Injuries caused by the negligent or willful conduct of third persons on the premises involved
• Accidents on government property

As in any other negligence action, the injured person must establish the existence of a duty on the part of the defendant to use due care; a breach of this legal duty; and the breach as the proximate or legal cause of the resulting injury. In determining who is liable in a premises liability action, the crucial elements are ownership, possession, and control of the premises. The persons who own, possess, or control the premises can be responsible for injuries arising from a condition of the premises. A tenant can also be liable for the injuries sustained at the rented premises.

The landowner's duty may differ based on the status of the occupier and the visitor. There are three different legal types of visitors and the degree of responsibility owed by the owner varies according to the status of the injured person. The three types of visitors are:

• Invitees or business visitors: An invitee is a business visitor who is invited or permitted to enter or remain on the land of another for the purpose directly or indirectly connected with business dealings between such person and the owner or possessor of the land.
• Licensee/Social Guests: A licensee is a person who comes onto the land of another by consent or permission, but for his or her own purpose having no relation to the business of the owner or occupant.
• Trespassers: A trespasser is a person who enters or remains on the land of another without a privilege or consent to do so.

The term "invitee" is misleading. A social guest may be invited, but is considered to be a social guest. The distinguishing characteristic of an invitee is a mutual business interest with the occupant of the premises. A licensee is on the premises for his or her own purpose. And while the status of a person may not be the sole criteria used by the courts, it still plays an important role and must be properly evaluated by the attorney managing the case.

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If you have been seriously injured on someone else's property, call Aiello, Harris, Devero, Marth & Schiffman at (908) 561-5577 or contact us online at any of our North and Central New Jersey law offices for a free initial consultation.