A Capehart Scatchard Blog

Liability

Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner

By on August 10, 2018 in Liability with 0 Comments

By:  Charles F. Holmgren, Esq. Edited by: Betsy G. Ramos, Esq. The plaintiff injured himself when he tripped on an uncovered sewer drain in the parking lot of a doctor’s office across the street from his house. The plaintiff sued the owner of the property for his injuries, claiming the owner was negligent in failing […]

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Church Found Not Liable for Fall on Public Sidewalk in Front of Vacant Church Property

By on May 25, 2018 in Liability with 0 Comments

Plaintiff Timothy Ellis fell on a public sidewalk in front of a vacant church owned by defendant Hilton United Methodist Church. Plaintiff argued that the church should be liable for his injuries suffered in the fall because its property should be deemed a “commercial” property for purposes of assessing liability. In the published decision of […]

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Claims that Fall Under Employers Liability/Part B Coverage

By on March 29, 2018 in Liability with 0 Comments

Employers Liability insurance coverage is a “gap filler” coverage, providing protection to employers in situations where an injured employee has the right to bring a civil tort action for damages despite the provisions of the New Jersey workers’ compensation statute. Although N.J.S.A. 34:15-8 makes workers’ compensation the “exclusive remedy” for an injured employee, in which […]

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Commercial Property Owner Unable to Obtain Dismissal for Fall on Black Ice

By on March 16, 2018 in Liability with 0 Comments

Plaintiff Cynthia Johnson was an employee of a tenant of the property owned by defendant Brandywine Operating Partnership, LP and Brandywine Realty Trust (“Brandywine”). She fell on black ice in the parking lot of Brandywine’s property and sued for her injuries. In Johnson v. Brandywine Operating Partnership, LP, 2017 N.J. Super. Unpub. LEXIS 2857 (App. […]

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Commercial Property Landlord Not Responsible for Injury of Tenant’s Invitee

By on March 9, 2018 in Liability with 0 Comments

Plaintiff Ben Jimenez was employed as a truck driver by Atlantic Freight Systems, Inc. (“AFS”) when he slipped and fell in the company yard during the course of his employment. The Defendants Stephen Powell and Concetta Powell (“Powells”) owned the commercial property where the accident occurred and leased the entire premises to their corporate entity […]

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Catholic Cemetery Found Immune from Liability for Personal Injury Claim based Upon Charitable Immunity Act

By on February 16, 2018 in Liability with 0 Comments

Plaintiff, Gary Jack, and his wife Maureen had attended a funeral at the Calvary Cemetery. Maureen was pushing the plaintiff in a rolling walker, when the front wheels of his walker lodged in a crack in the asphalt, causing him to fall from the walker and break his wrist. In Jack v. Calvary Cemetery, 2017 […]

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What Defenses Are Available to Public Entities for Falls on Public Sidewalks?

By on February 2, 2018 in Liability with 0 Comments

If a plaintiff is able to establish that it is the public entity who bears the responsibility for the condition of a public sidewalk which caused the plaintiff’s fall, the public entity may remain immune from liability based upon Tort Claims Act defenses. The public entity (municipality, county, or State) may defend on the basis […]

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When is an Adjoining Landowner Considered to be “Commercial” for Purposes of Imposing Liability for a Fall on a Public Sidewalk Under New Jersey Law?

By on January 26, 2018 in Liability with 0 Comments

Last week, I reviewed the general case law as to the imposition of liability of an adjoining property owner for a fall on a public sidewalk. However, to determine the obligation of the adjoining landowner (a landowner whose property abuts a public sidewalk), the key is whether the property owner qualifies as a “residential” or […]

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Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk?

By on January 19, 2018 in Liability with 0 Comments

There is an extensive body of law in New Jersey concerning who is the responsible entity when an injury occurs on a public sidewalk. Is it the public entity to whom the sidewalk belongs or is it the adjoining property owner or could the injured party be without any recourse? The answer to these questions […]

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Common Law Dog Bite Liability Can Reach Beyond the Dog Owner to A “Keeper”

By on January 12, 2018 in Liability with 0 Comments

By:  Charles F. Holmgren, Esq. Edited by: Betsy G. Ramos, Esq. Plaintiff Jeanette Carabello and her husband went outside one winter morning to shovel snow. As she was shoveling, a dog owned by their neighbor’s grandson and residing at their neighbor’s home, ran up to her and bit her on the leg. Rather than suing […]

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