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New Jersey law

Premises Liability Laws in New Jersey.

New Jersey premises liability follows modern principles with an abandoned strict adherence to invitee/licensee/trespasser categories (Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993) — modernized mode-of-operation and reasonable care principles). New Jersey's modified comparative fault (51% bar) applies. New Jersey has specific statutes on snow-and-ice removal and commercial premises. New Jersey's dog-bite statute imposes strict liability (N.J.S.A. 4:19-16).

Last verified: 2026-04-17

State law

Statute of Limitations

2 yearsN.J.S.A. 2A:14-2

2-year general personal injury statute applies.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)N.J.S.A. 2A:15-5.1

Plaintiff's fault reduces recovery. Plaintiff at 51% or more fault recovers nothing.

State law

Key New Jersey Statutes

Modern Invitee/Licensee/Trespasser FrameworkHopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993)

New Jersey has moved toward fact-specific reasonable-care analysis while retaining status distinctions. Commercial business invitees receive a strong duty of care under the "mode-of-operation" rule for self-service settings (Nisivoccia v. Glass Gardens, 175 N.J. 559 (2003)).

Dog Bite Strict LiabilityN.J.S.A. 4:19-16

Dog owners are strictly liable for damages caused by their dog biting a person who is in a public place or lawfully on private property. No one-bite rule.

Sidewalk Snow and Ice (Commercial v. Residential)New Jersey common law; Stewart v. 104 Wallace Street, 87 N.J. 146 (1981)

Commercial property owners have a duty to clear snow and ice from sidewalks in a reasonable time. Residential owners generally do not (Luchejko v. City of Hoboken, 207 N.J. 191 (2011)), though certain exceptions apply.

Recreational Use ImmunityN.J.S.A. 2A:42A-2 et seq.

Landowners who permit free recreational use of their land owe no duty of care absent willful or malicious conduct.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.

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