A Capehart Scatchard Blog

Liability

Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club

By on July 21, 2017 in Liability with 0 Comments

By: Jack Hagerty, Law Clerk Editor: Betsy G. Ramos, Esq. Less than three months after joining Eclipse Sports and Wellness, gym member Maria Pulice was injured at the club when a ten-pound dumbbell fell on her face as her trainer, Oscar Cortes, whom she hired through the club, was handing it to her to perform […]

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Owner of Three Family Home Has No Liability for Injury Caused by Fall on Sidewalk Adjacent to Home

By on June 16, 2017 in Liability with 0 Comments

Plaintiff Scott Valentine suffered injuries when he fell on ice or snow on the public sidewalk abutting the three family home owned by defendants Maximo and Ana Almanzar. The issue in Valentine v. Almanzar, 2017 N.J. Super. Unpub. LEXIS 1440 ( App. Div. June 12, 2017) was whether the defendant homeowners had a legal duty […]

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Dog Owner Found Not Liable For Injury Caused By Her Dog Knocking Over Neighbor

By on May 12, 2017 in Liability with 0 Comments

The plaintiff Terri Hackett brought her rat terrier, Chancellor, to the property of the defendants William and Joan Musey to play with Molly, their sixty pound Labrador. While the dogs were running around the backyard, Molly suddenly knocked plaintiff down from behind, causing her injury. In Hackett v. Musey, 2017 N.J. Super. Unpub. LEXIS 721 […]

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Homeowner Found Not Liable to Guest Injured in Trip over Threshold

By on April 13, 2017 in Liability with 0 Comments

Plaintiffs Libia and Peter Price were guests of defendants Howard Colodne and Louise Colodne celebrating Easter. As Libia was leaving defendants’ home, the heel of her shoe caught on the metal weather-strip of the door threshold and she fell. In Price v. Colodne, 2017 N.J. Super. Unpub. LEXIS 741 (App. Div. Mar. 27, 2017), the […]

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Hotel Found Not Liable for Assault by Third Party Against Guests

By on April 7, 2017 in Liability with 0 Comments

Plaintiffs Ikeem Higgins, Richard Hoyte, and Cordero Russell were attending “Caribbean Night” at the Holiday Inn in Edison on July 11, 2010. At about 3 AM, they were standing outside the hotel, when an unidentified masked gunman approached them and shot them in the legs. In Higgins v. Holiday Inn & Conf. Ctr., 2017 N.J. […]

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Plaintiff’s Personal Injury Lawsuit Barred by Independent Contractor Exception

By on January 27, 2017 in Liability with 0 Comments

Plaintiff, Kenneth Pisieczko, an independent contractor, was hired by the defendant Children’s Hospital of Philadelphia (“CHOP”) to repair lights in CHOP’s day-program parking lot, which lights were affixed to the top of wooden poles. To reach the top of one of the poles to fix the light, the plaintiff secured a ladder to the pole. […]

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Homeowner Found Not Liable for Fall on Sidewalk Due to Spiky Seed Pods

By on December 22, 2016 in Liability with 0 Comments

Plaintiff Katherine Neilson was walking on a sidewalk adjoining the residential property owned by the defendant Antoinette Dunn when she fell on a spiky seed pod, suffering injury. The seed pod came from sweetgum trees located on defendant’s property. In Neilson v. Dunn, 2016 N.J. Super. Unpub. LEXIS 2668 (App. Div. December 5, 2016), plaintiff […]

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Mere Sponsorship of an Event Held to be Insufficient to Impose Liability for Personal Injury

By on December 9, 2016 in Liability with 0 Comments

Plaintiff Rosa Sands was injured when she fell down an approximate 2 foot embankment after leaving a dinner party on a beach in Mexico. The dinner party was part of a promotional event known as “Raise the Bar” offered by certain defendants, including Reebok International and Adidas American, Inc. (the “Reebok defendants.”) In Sands v. […]

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When is a Condition an “Open and Obvious Defect”?

By on December 2, 2016 in Duty of Care, Liability with 0 Comments

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 […]

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Constructive Notice May be an Issue in a Premises Liability Personal Injury Suit

By on October 14, 2016 in Liability with 0 Comments

A business owner owes an invitee a duty to discover and eliminate dangerous conditions and to maintain their premises in a safe condition. For an injured plaintiff to prove a breach of that duty, if the owner did not create the condition, the plaintiff must prove that the defendant had actual or constructive knowledge of […]

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