In general, a landowner or occupier has a duty to warn social guests of any known dangerous condition on the property unless the guest is aware of the condition, or by a reasonable use of his or her faculties the guest would observe it.
Under this standard, liability many times turns on the degree of the plaintiff's familiarity with the defendant landowner's property. Where the plaintiff is aware of a danger on the premises, or the danger is open and obvious, this may negate the landowner's duty to warn the plaintiff. On the other hand, where the plaintiff is unfamiliar with the defendant's premises, and the dangerous condition is neither open or obvious to the plaintiff, the defendant landowner may be liable if they did not warn the plaintiff or make reasonable attempts to prevent a foreseeable harm to the plaintiff.
If you have been injured on a landowner's property as a social guest, it is important that you consult with an experienced New Jersey Personal Injury and Premises Liability Lawyer. These matters require satisfaction of various liability and medical criteria, expert witnesses in many cases, and a knowledge of the insurance claims process. Indeed, premises owners are often insured against these claims under commercial general liability or homeowners' insurance policies that provide them experienced defense counsel. An experienced New Jersey Injury Lawyer can level the playing the field, prepare your case, and obtain you the recovery that you deserve.
