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Understanding Premises Liability

Understanding Premises Liability

“Premises liability” refers to an individual’s or entity’s liability for injuries that occur on property that they own. The first step in assessing premises liability is determining who “possesses” a property. A party possesses a property when:

  • It occupies the property for the purpose of controlling it;
  • It has occupied the property for the purpose of controlling it, if no other party has subsequently occupied it for the purpose of controlling it; or
  • It is entitled to immediately occupy the property, if no other party possesses the property for the purpose of controlling it.

Determining who possesses a property can be tedious and is best handled by NJ injury lawyers.

Determining the Status of the Plaintiff

If you are injured on another party’s property and you pursue compensation, you will be classified as an invitee, a licensee or a trespasser.


Invitees receive an express or implied invitation to enter or remain on a property in order to serve the business interests of its owner.


Licensees receive an express or implied invitation from a property owner or the person who controls the property to enter or remain on the property for non-business reasons.


Trespassers enter or remain on a property without an express or implied invitation. Determining a property owner’s liability depends on the injury victim’s classification: invitee, licensee or trespasser. In each case, the plaintiff must establish specific elements that show the property owner’s liability. NJ injury lawyers excel at establishing these elements.

Types of Premises Liability Injuries

Most premises liability cases result from slip and fall injuries. But they also result from injuries caused by falling objects, toxic substances, fires, faulty wiring and explosions, to name a few. Regardless of the injury type, people who have suffered an accident because of unsafe property conditions should contact a New Jersey accident attorney as soon as possible.

Console & Hallowell Can Help

Console & Associates P.C. help injury victims pursue compensation for medical expenses, pain and suffering, lost wages, mental anguish and other damages caused by premises injuries. If you have been injured on another party’s property, don’t assume the injury is your fault. Let a New Jersey accident attorney at Console & Associates P.C. examine your case. You may be eligible for compensation.

Disclaimer: Results may vary depending on your particular facts and legal circumstances.

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This article was professionally reviewed by Richard P Console Jr, an attorney licensed to practice in New Jersey, New York, and Pennsylvania.

Mr. Console has more than twenty years experience practicing personal injury law and successfully resolving vehicle accident claims on behalf of his clients.

Learn more About Richard P Console Jr.

While this information was reviewed for accuracy, it should not be considered legal advice. Every claim is different. If you are thinking of pursuing a personal injury claim and have a question contact us directly. 

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