New Jersey Slip and Fall Information Center

Frequently Asked Questions about Slip and Fall Accidents

Q: What is a "licensee?"

A: Under common law principles, a licensee is a person who enters the premises with the landowner's express or implied permission for his or her own purposes rather than for the landowner's benefit. An example of a licensee is a social guest. An owner or occupier of land has a duty to warn a licensee of a dangerous condition that creates an unreasonable risk of harm if it is known to the owner or occupier and not likely to be discovered by the licensee.

Q. I was invited to a neighbor's house for a party and was injured while I was there. Can I recover for my injuries?

A: Under common law principles, a property owner's duty to an entrant depends on the entrant's legal status as an invitee, licensee or trespasser. A social guest, such as a person invited to a party, is considered a licensee. In this example, the neighbor had a duty to warn you of a dangerous condition that creates an unreasonable risk of harm if it is known to the neighbor and not likely to be discovered by you, the guest. Thus, if you were injured on a hidden condition, such as a loose floorboard that the neighbor knew about, but did not warn you about, you may be able to recover for your injuries. The neighbor does not have a duty to inspect for defects nor to fix known defects.

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Slip-and-fall accidents commonly occur in produce sections of supermarkets; in parking garages with poor security; on cracked sidewalks; on recently washed or waxed floors in hospitals and other institutions; or wherever there are elevation changes, such as in elevators, escalators, and hotel balconies. Railings in stadiums may give way. Joggers may stumble over debris on public paths.

Wherever these accidents happen and whatever injuries result (fractures, head injuries, back injuries, for example), victims are wise to contact an experienced attorney as soon as possible. Theslip-and-fall injury lawyers at the New Jersey personal injury law firm of Andres & Berger, P.C., offer a free consultation to discuss your case.

The information in this Slip and Fall Information Center is general and is not intended to address your particular circumstances. For a free consultation to discuss your own slip-and-fall accident with an experienced personal injury attorney, contact Andres & Berger, P.C.

Slip and Fall Accidents - An Overview

A slip and fall accident generally refers to a situation in which a person slips and falls or trips and falls due to a dangerous condition on someone else's property and is injured as a result. These cases fall under the broader category of cases known as "premises liability" cases, which refer to situations when an individual is injured on property or premises owned or maintained by someone else and the owner or possessor of the property is held liable for the injury. Slip and fall accidents can happen in a wide variety of places and involve various dangerous conditions. If you have been injured in a slip and fall accident, an experienced personal injury attorney can determine whether you have a case.

Duties to Entrants Owed By Landowners and Occupiers

Under common law principles, which are still followed by many states today, property owners and occupiers owe different duties or have special responsibilities depending on how the people entering their property are classified. Entrants to land are classified as invitees, licensees and trespassers. Because how you are classified dictates what duty the landowner owed to you, your classification may ultimately affect your ability to recover for your injuries. An attorney with experience handling slip and fall cases can explain the classifications to you and how they affect your potential case.