In his poem, “Mending Wall,” Robert Frost wrote, “Good fences make good neighbors.”
The implication is that a good neighbor keeps to their property and doesn’t infringe on the people next door. Unfortunately, there are some scenarios where your neighbor’s property causes injury. Although it’s not intentional, that doesn’t mean you should be burdened with any medical bills or other losses.
If you’re hurt on a neighbor’s property, you are entitled to seek compensation for your financial losses, but that requires the right guidance and support. An experienced Cherry Hill premises liability lawyer can be that helpful guide.
The first step to filing these types of claims is to determine if you have merit.
What Visitor Status Applies to Premises Liability on Private Residential Property?
When you step out of your home to “visit” someone else’s property, you will either be considered a licensee or an invitee. Those are the visitor statuses that determine the duty of care that the property owner owes you to create a safe environment.
Examples of invitees include customers visiting a store, tenants, or delivery workers.
These are all people who come onto a property for the owner’s benefit. In exchange, the owner owes invitees the highest protection and must actively inspect the premises for hidden hazards. They must also promptly repair the hazard and/or warn invitees of danger.
Licensees are social guests and permitted visitors who come onto the premises for their own benefit, rather than engaging in a transaction with the property owner.
Typically, licensees are visiting private residences. The property’s owners owe a moderate level of protection.
That means warning licensees of any known and non-obvious dangers. For example, if you go to your neighborhood’s house for a party and there are wobbly steps on the porch, the owner might tell you, “Watch out for the steps.”
It is important to note that even if your neighbor warns you about a potential danger, you can still sue your neighbor under New Jersey’s premises liability laws.
Common Hazards That Lead to Neighborhood Property Injuries
You don’t want to think of your neighbor’s home as a “danger zone,” but there could be some potential hazards that can cause serious injury. These are the most frequent hazards to watch out for. that can result in unexpected injury:
Slip, Trip, and Fall Risks
Slip and fall accidents are the most common types of premises liability claims. They can be caused by the following:
- Uneven or broken concrete on sidewalks
- Unaddressed ice and snow
- Spilled liquids
- Torn rugs
- Broken floor tiles
- Poorly lit walkways
- Animal Attacks
If your neighbor has a pet, they will most likely have that dog or cat unrestrained when you visit. However, those animals can pose a risk of severe bites and scratches. New Jersey law holds the dog’s owner liable for any injury, provided the victim did not contribute to the attack.
Defective Stairs and Decks
You might not know how well your neighbor keeps up their property. There could be broken handrails, uneven steps, or improperly secured porches and balconies. Any of those defects can result in a structural collapse or a direct injury.
Unsecured Swimming Pools
Going for a swim in your neighbor’s pool is a good way to cool off on a hot summer day.
However, you need to be invited to take that swim. If you sneak onto the property for a swim, you would be considered a trespasser. In that scenario, your neighbor would not owe you a duty of care if you hurt yourself. The only exception is with minors.
When a child sneaks into a backyard pool, it is considered an “attractive nuisance.”
If your neighbor doesn’t have a secure fence or enclosure around the pool, they could be held liable.
The Role of Homeowners Insurance in Personal Injury Claims
If you are injured on your neighbor’s property, you will most likely file a claim against that neighbor’s homeowners’ insurance policy. Most of these policies include two vital forms of coverage: Personal Liability and Medical Payments. When fault is established, personal liability pays for medical expenses, lost wages, legal defense fees, and court judgments.
Medical payments coverage is a “no-fault” rider that covers basic medical costs for guests who are injured on the property, regardless of who is at fault. These will often be smaller payouts for minor injuries.
There are some exceptions to consider. If the injury was caused by an intentional act, the homeowners’ insurance will most likely not cover the claim. The same is true if an injury is related to a commercial business run out of the house. That would require a separate business insurance policy.
How Comparative Negligence Affects Your Recovery
Being hurt on a neighbor’s property is complex. You should not be responsible for your medical expenses, but at the same time, you don’t want to cause strife with your neighbor.
The hope is that their homeowners’ insurance will provide the coverage. However, that insurance carrier will want to limit its exposure. That is when they’ll try to activate the state’s comparative negligence law.
Under that law, some of the blame for the accident that caused your injury could be assigned to you. That would reduce the amount of settlement you would receive.
That’s when you need a strong legal advocate like you’ll find at the Folkman Law Offices.
When our team agrees that a premises liability claim has merit, we’ll gather all relevant evidence to determine who should be held responsible. Even if your neighbor didn’t warn you about a hazard, we can still establish that they are responsible.
If you have questions about how comparative negligence could affect your premises liability claim, we can provide you with the answers. Reach out to our office to schedule a consultation to evaluate the facts of your case and explain what should happen next.
Don’t let your relationship with your neighbor stop you from being compensated for an injury that happened on their property.
