Tag: duty of care
General Contractor Found Not Responsible for Injury to Subcontractor Employee
Defendant Louis Gargiulo Co., Inc. (“Gargiulo”) was hired as a general contractor to perform work at the Hudson County Schools of Technology. Defendant hired Adamo Brothers Construction (“Adamo”) to perform a portion of the work. Plaintiff, an Adamo employee, suffered an injury while operating a jackhammer on the job site. The issue in Sutuj v. […]
Plaintiff Unable to Pursue Injury Claim Incurred When Knocked Over By Defendants’ Dog in Dog Park
Plaintiff, Janet Freed, took her dog, a female golden doodle, into the Off-Leash Dog Area of Thompson Park, a Monmouth County Park. The dog owned by the defendants Linda and Frank Bastry, a male golden retriever, ran into plaintiff while chasing her dog and caused her injury. In Freed v. Bastry, 2020 N.J. Super. Unpub. LEXIS […]
Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store
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 […]
Private Owner Of Parking Lot Leased To Municipality Found Not Liable For Fall On Ice In Lot
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 […]
NJ Supreme Court Rules that Landlord Not Responsible for Minor Burned on Apartment Unit’s Radiator
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 […]
Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?
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 […]
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
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 […]
Snow In Progress Defense Upheld By the Appellate Division
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 […]
Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm
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 […]
Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner
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 […]
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