Duty of Care
Building Owner Found Not Liable for Injury to Tenant’s Contractor
Defendant Rock Pile Properties, LLC (“Rock Pile”) owned a building in Garwood, which it leased to Defendant Statewide Fence Contractors, LLC (“Statewide”), a residential, commercial, and industrial fence company. According to the lease, Statewide was required to make all repairs and maintain the property, including the roof. Plaintiff John Gudoski (“John”), had prior experience working […]
Casino Had No Duty to Protect Patron From Theft of Money Kept in Shopping Bag
Plaintiff, Sridhar Jayaraman, was a guest at Caesar’s Hotel and Casino in Atlantic City for a six-night stay. While sitting at the bar with his girlfriend, he had with him a black plastic shopping bag, allegedly containing $120,000 in cash. After he stepped away from the bar, an unknown male later identified as Frederick Exume […]
Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road
Plaintiff Patrice Powers-Feigel was walking on the shoulder of Nosenzo Pond Road in West Milford when she slipped on gravel and her foot got caught on the edge of a pothole or uneven pavement. She tripped and fell into the street, resulting in serious injuries. The issue in Powers-Feigel v. Township of West Milford, 2023 […]
Landlord Found Not Liable For Tenant’s Fall On Interior Stairway of Residence
Plaintiffs Charles and Deborah Stenger sued their landlord, defendant Bulent Koroglu, for Charles Stenger’s trip and fall that occurred on the bottom step on the stairway to plaintiffs’ leased residence. They allege that their landlord failed to warn them of a latent defect in the stairway. The issue in Stenger v. Koroglu, 2022 N.J. Super. […]
NJ Supreme Court Rules that Landlord Not Responsible for Minor Burned on Apartment Unit’s Radiator
On March 30, 2010, the minor, J.H., a 9 month old infant, was burned by an uncovered, free-standing cast iron loop radiator in an apartment owned and managed by defendants R&M Tagliareni, LLC and Robert & Maria Tagliareni. His bed was adjacent to a radiator that did not have a cover. His father discovered him […]
Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?
While business owners are likely waiting impatiently to reopen their businesses, what will happen if their invitees (customers, tenants, vendors) who come into their business contract COVID -19 and become sick or die? Could they be subject to being sued for their invitee’s illness or death? As of now, there is no legal protection in […]
When is a Condition an “Open and Obvious Defect”?
A business owner owes to its invitees a duty of reasonable care to provide a safe premises. This duty includes an affirmative duty to inspect the premises and requires the business owner to discover and eliminate dangerous conditions and to maintain the premises in a safe condition. But, what if the condition is an “open […]
New Jersey Extends Duty of Care Owed by Employer to Cohabitant of Employee for Exposure to Toxic Substance
The New Jersey Supreme Court previously recognized that an employer, as a landowner, could be liable for injuries from an asbestos exposure suffered by the wife of a worker who laundered her husband’s soiled, asbestos exposed work clothes. (Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006)). In the recent case of Schwartz v. Accuratus Corp., 2016 […]
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