In New Jersey, as with all other states, there are laws governing the responsibilities of residential and commercial property owners, providing protection to people who have suffered injury on real property. As a general rule, the owner (or person responsible for exercising control) of the premises has a duty to maintain them in such way as to minimize the risk of injury to anyone lawfully on the property.

The first thing to understand is that there’s no absolute duty to repair any safety risk. Though that can meet the duty to properly maintain the premises, the owner has other options, including:

• Preventing access to that part of the property where the risk of injury exists
• Providing reasonable notice to potential visitors of the known risk

It’s also important to understand that the duty imposed is one of reasonableness. A property owner won’t necessarily be liable for any hazardous condition—only those of which he/she was or should have reasonably been aware and could reasonably take measure to address. For example, a property owner may have a duty to remove snow and ice from a sidewalk, steps or other thoroughfare, but need not go to extraordinary measures to clear a snowy or icy path.

The duty is only owed to those who are legally on the property—trespassers typically don’t have a claim for a slip and fall injury. With respect to persons legally on the property, New Jersey distinguishes between “invitees” and “licensees.” An invitee is typically someone who is on the property for the benefit of the owner—the owner owes that person the highest duty of care. A licensee, on the other hand, is typically on the property for his or her primary benefit. There’s still a duty owed, but only to the extent the owner knew or should have known about the condition and would have been reasonably expected to fix it.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

As a general rule, a slip and fall—or premises liability—claim is based on negligence. As the injured party, you must show that the owner or manager of the property breached a duty to use a reasonable amount of care to monitor the property and find/fix any dangerous conditions. There are, however, circumstances where the burden of proof shifts from the injured party to the defendant. Here’s how it works.

Under a legal principle known as the “mode of operation” doctrine, if the type of business is one that, by its nature, creates a hazardous or dangerous condition, the owner/manager of the building may be considered to expect potential safety problems. In such situations, there’s a rebuttable presumption of negligence. Essentially, that means that the defendant is presumed to have been negligent and must produce evidence to refute that presumption.

Some common examples of where the “mode of operation” doctrine applies are grocery stores and restaurants, where it’s common to have food or liquids spill on a floor.

In a ruling handed down by the New Jersey Supreme Court in 2015, the mode of operation doctrine was held to be applicable only in “limited circumstances.” That ruling found that the doctrine only applies:

• To businesses that offer self-service options
• In those areas of a business where customers have a self-service option

The court did find that the mode of operation doctrine can apply whether the negligence was associated with the plaintiff or the defendant.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.