A Capehart Scatchard Blog

Tag: Duty of Care

Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store

By on June 5, 2020 in Negligence with 0 Comments

The minor plaintiff, five year old, Vince Costello, was shopping at a Target Store with his aunt, Liza Costello.  After shopping, they were waiting outside the store for a ride home when Vince began playing on top of a red, spherical bollard in front of the store.  After playing for some time, he fell off […]

Share

Continue Reading »

Private Owner Of Parking Lot Leased To Municipality Found Not Liable For Fall On Ice In Lot

By on May 22, 2020 in Negligence with 0 Comments

The plaintiff Richard Underhill parked his car in a municipal parking lot known as the Kaplan Lot located in the Borough of Caldwell.  He walked across the street with his wife and friends to eat dinner at a nearby restaurant.  Upon returning to his parked car, he walked up an internal driveway that connected the […]

Share

Continue Reading »

NJ Supreme Court Rules that Landlord Not Responsible for Minor Burned on Apartment Unit’s Radiator

By on May 1, 2020 in Duty of Care with 0 Comments

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 […]

Share

Continue Reading »

Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?

By on April 24, 2020 in Duty of Care with 0 Comments

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 […]

Share

Continue Reading »

Owner of Commercial Property Does Not Owe Its Tenant’s Invitee Duty to Clear Snow and Ice from Property’s Driveway While Property in Sole Possession and Control of Tenant

By on January 31, 2020 in Negligence with 0 Comments

In the published New Jersey Supreme Court decision of Shields v. Ramslee Motors, 2020 N.J. LEXIS 17 (2020), the Court was asked to decide whether the owner of a commercial property owed to its tenant’s invitee a duty to clear snow and ice from the property’s driveway while the property was in the sole possession […]

Share

Continue Reading »

Snow In Progress Defense Upheld By the Appellate Division

By on May 3, 2019 in Negligence with 0 Comments

Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice.  It was undisputed that she fell during a snow storm.  In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]

Share

Continue Reading »

Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm

By on March 8, 2019 in Negligence with 0 Comments

Plaintiff Folusho Oyebola fell in the Walmart parking lot during a snowstorm and sued Wal-Mart Stores, Inc. and Tree Fellas, LLC, Walmart’s snow contractor, for her injuries. In Oyebola v. Wal-Mart Stores, Inc., 2019 N.J. Super. Unpub. LEXIS 432 (App. Div. Feb. 25, 2019), the issue was whether either defendant breached a duty of care […]

Share

Continue Reading »

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

By on August 10, 2018 in Liability with 0 Comments

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 to maintain the cover of the drain. The issue in Pisano […]

Share

Continue Reading »

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. […]

Share

Continue Reading »

Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot

By on September 16, 2016 in Liability with 0 Comments

Plaintiff, Grazio Spano, went shopping in the Acme store in the shopping center located on the Black Horse Pike, Mays Landing, N.J. Acme was the anchor store in this multi-tenant shopping center. After finishing her shopping, the plaintiff went back to her car and slipped on black ice in the parking lot. In Spano v. […]

Share

Continue Reading »

Top