Who Has Liability in a Slip and Fall Accident – The Owner or Occupier of Property?

When you are injured on someone else’s property in New Jersey, you generally have a right to seek compensation for your losses, provided you were legally on the property at the time of the accident and you were engaged in normal activity. That’s because New Jersey, like other states, imposes a duty to monitor and maintain real property so as to minimize the risk of injury to legal visitors. The duty covers all aspects of the property, both inside and outside of any buildings, from steps, stairs and floors to sidewalks, driveways and parking areas.

If the home or business is owner-occupied, there’s typically no question as to who owes the duty. But what happens when the owner of the property has leased it to a third party? Does the tenant have all the responsibility or does the landlord retain any legal obligation?

When You Are Hurt on Residential Property

As a general rule, tenants have liability for injuries caused by anything moveable inside the house or apartment, and landlords have responsibility for immovable objects (floors, walls, ceilings, etc.). There are exceptions, though. A tenant who knows about a potentially dangerous situation involving an immovable object inside the house may be responsible for fixing it or warning others of the potential risk. The same may apply to hazardous conditions outside the physical structure, provided the tenant knows or should have known of the danger.

Injuries on Commercial Property

In most instances, the liability for injuries suffered on the premises of a commercial leasehold are allocated in the lease agreement between the parties. If you have been hurt on commercial property, you are probably best served to put both the owner and the occupier on notice of your injury.

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.