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Liability

Landowner’s Liability Act Does Not Extend to Local Beaches or the Ocean

By on December 5, 2025 in Liability, NJ Litigation with 0 Comments
Landowner’s Liability Act Does Not Extend to Local Beaches or the Ocean

In Timpanaro v. Jenkinson’s Pavilion, Inc., 2025 N.J. Super. LEXIS 71 (App. Div. Nov. 21, 2025), the estate of Anthony Timpanaro sued Jenkinson’s Pavilion, a boardwalk amusement complex with access to Point Pleasant Beach, for negligence arising from Anthony’s drowning death. The case arose when, a few weeks after Labor Day, 2020, grandfather Anthony and […]

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Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability

By on September 26, 2025 in Liability, NJ Litigation with 0 Comments
Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability

The Pro Se plaintiff Tannia Winston tried her personal injury case on her own against 7-Eleven.  She claimed that she was injured due to a slip and trip at defendant’s convenience store.  The issue in Winston v. 7-Eleven, Inc., 2025 N.J. Super. Unpub. LEXIS 1705 (App. Div. Sept. 18, 2025) was whether the trial court […]

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Shooting Victim’s Failure to Show Newark PD’s Custom of Excessive Force Allows District Court to Dismiss Complaint

By on September 18, 2025 in Liability, NJ Litigation with 0 Comments
Shooting Victim’s Failure to Show Newark PD’s Custom of Excessive Force Allows District Court to Dismiss Complaint

On New Year’s Eve in 2020, three undercover detectives of the Newark Police Department (NPD) were patrolling a high-crime area in their unmarked vehicle. Upon hearing what sounded like gunshots, they sped to the location they believed the gunshots came from. One detective exited the car with his gun drawn, accidentally bumped into a man […]

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Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality

By on July 25, 2025 in Liability, NJ Litigation with 0 Comments
Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality

On January 29, 2021, Plaintiff Michael Shaw tripped and fell while crossing Kearny Avenue due to a large pothole in the middle of the street. He suffered significant injuries including a broken right hip, chronic lumbar strain, and aggravation of other pre-existing conditions. The issue in Shaw v. Town of Kearny, 2025 N.J. Super. Unpub. […]

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Concert Venue Found Not Liable for Slip and Fall Injury From Liquid on Concourse

By on June 6, 2025 in Liability, NJ Litigation with 0 Comments
Concert Venue Found Not Liable for Slip and Fall Injury From Liquid on Concourse

Plaintiff Gabriela Mirtha Tiscornia Sosa was injured when she slipped and fell on a wet floor at a concert at the Prudential Center.  This venue was owned by defendant DAE, which contracted with defendant ABM to provide janitorial services.  The issue in Sosa v. Devils Arena Entertainment, LLC, 2025 N.J. Super. Unpub. LEXIS 787 (App. […]

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Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk

By on April 25, 2025 in Liability, NJ Litigation with 0 Comments
Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk

Plaintiff Jessica Feeney tripped and fell while walking on the boardwalk in the City of Atlantic City.  She sued the City claiming that she tripped on uneven boards and that the City was negligent in causing the dangerous condition and that it failed to timely repair the condition.  The issue in Feeney v. City of […]

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Court Finds Commercial Tenant Not Responsible for Plaintiff’s Fall in Parking Lot

By on March 7, 2025 in Liability, NJ Litigation with 0 Comments
Court Finds Commercial Tenant Not Responsible for Plaintiff’s Fall in Parking Lot

Plaintiff Vito Collucci fell on ice and snow while walking towards a restaurant in the parking lot of a multi-tenant strip mall.  He sued the owner of the shopping center, the restaurant, as well as other tenant stores located in the strip mall.  The issue in Collucci v. Cosima Cassese, 2025 N.J. Super. Unpub. LEXIS […]

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Court Rules That County Not Vicariously Liable for the Alleged Negligent Acts of Its Independent Contractor

By on February 28, 2025 in Liability, NJ Litigation with 0 Comments
Court Rules That County Not Vicariously Liable for the Alleged Negligent Acts of Its Independent Contractor

Plaintiff Wiggins Plastics, Inc. sued the County of Passaic and its contractor Assuncao Brothers, Inc. (“Assuncao”) for damages claimed to its property following the effects of Hurricane Ida.  Plaintiffs claimed that their properties were damaged due to the negligent acts related to a bridge replacement project, contracted by the County of Passaic to defendant Assuncao […]

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Court Dismisses Plaintiff’s Personal Injury Claim Due to Failure to Plead Claim Under the Products Liability Act

By on January 10, 2025 in Liability, NJ Litigation with 0 Comments
Court Dismisses Plaintiff’s Personal Injury Claim Due to Failure to Plead Claim Under the Products Liability Act

Plaintiff Chris Williams filed a lawsuit against defendant QuickChek Corp. when his right hand was burned as a result of hot water melting a Styrofoam cup.  Although the plaintiff pled a premises liability cause of action, the complaint did not include a claim against QuickChek based upon the Products Liability Act (“PLA”).  The issue in […]

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Plaintiff Unable to Establish That Stone Filler in Front of Township Recycling Box Car Constituted a Dangerous Condition

By on November 22, 2024 in Liability, NJ Litigation with 0 Comments
Plaintiff Unable to Establish That Stone Filler in Front of Township Recycling Box Car Constituted a Dangerous Condition

Plaintiff Lois Henry suffered an injury from a fall on gravel after arrival at the Cranford Conservation Center, a recycling facility owned and maintained by the Township of Cranford.  The facility had box cars designated for different types of recycling.  In front of the containers was a filler of mixed stones.  The issue in Henry […]

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