A Capehart Scatchard Blog

Liability

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

By on February 2, 2018 in Liability, NJ Litigation 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, NJ Litigation 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, NJ Litigation with 1 Comment

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, NJ Litigation with 0 Comments

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 the grandson, the owner of the dog, the plaintiff sued the […]

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Homeowners Found Not Liable for Slip and Fall on Ice on Adjoining Public Sidewalk Due to a Refreeze of Water From Homes’ Downspouts

By on January 5, 2018 in Liability, NJ Litigation with 0 Comments

Plaintiff Rosa Perez slipped and fell on a public sidewalk in Harrison, New Jersey while walking in front of the row-homes of defendants Joseph and Jane Bator and Jose and Rosalyne Parraguez. Both homes had rooftop gutters and downspouts that channeled rain water and snowmelt into the common alleyway between the two homes and spilled […]

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Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

By on December 15, 2017 in Liability, NJ Litigation with 1 Comment

Plaintiff Tina Waldeier was injured when thrown from her bicycle due to a defect in the sidewalk adjacent to the defendant Piper I Townhouse Condominium buildings. The Condominium Association argued that the condominiums were predominantly residential and, hence, it was not liable for the defects in the public sidewalk. In, Waldeier v. Piper 1 Townhouse […]

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Homeowner Found Not Liable for Injury Resulting from Fall on Driveway During Ongoing Snowstorm

By on December 8, 2017 in Liability, NJ Litigation with 0 Comments

Plaintiff, Michael Mangone, a UPS delivery worker, suffered an injury due to a fall from snow on the driveway of defendant Beverly Beer. Plaintiff sued Beer, claiming negligence. The question in Mangone v. Beer, 2017 N.J. Super. Unpub. LEXIS 2855 (App. Div. Nov.16, 2017) was whether the defendant breached any duty of care owed to […]

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A Refresher on the Standards for a Motion for Summary Judgment in the Context of Potential Liability of a Volunteer Athletic Coach

By on December 1, 2017 in Liability, NJ Litigation with 0 Comments

By:  Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. The Appellate Division recently decided a case with a fairly unusual fact pattern which nonetheless is instructive regarding the issue of Motions for Summary Judgment in general, as well as the more narrow issue of the potential liability of volunteer athletic coaches. Mone v. […]

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Continuous Trigger Theory of Insurance Coverage Applied to Third Party Liability Claims Involving Progressive Damage to Property in Construction Defect Case

By on October 13, 2017 in Liability, NJ Litigation with 0 Comments

In a case of first impression, the Appellate Division in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 2017 N.J. Super. LEXIS 144 (App. Div. October 10, 2017), in a published decision, ruled that the continuous trigger theory of insurance coverage may be applied in New Jersey to third party liability claims […]

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Homeowners Found Not Liable for Guest Who Drowned in Their Pool

By on July 28, 2017 in Liability, NJ Litigation with 0 Comments

Defendants Doris and James Astacio permitted Doris’ sister and brother-in-law, Diana and Jason Adams, to host a sixteenth birthday party for their son at their home. Dafiq Rasheed, an adult guest, drowned in their pool and his father filed a negligence action against the defendants for a survivorship claim and a wrongful death claim on […]

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