Tag: Duty of Care
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 […]
Mere Sponsorship of an Event Held to be Insufficient to Impose Liability for Personal Injury
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. […]
Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot
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. […]
New Jersey Extends Duty of Care Owed by Employer to Cohabitant of Employee for Exposure to Toxic Substance
The New Jersey Supreme Court previously recognized that an employer, as a landowner, could be liable for injuries from an asbestos exposure suffered by the wife of a worker who laundered her husband’s soiled, asbestos exposed work clothes. (Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006)). In the recent case of Schwartz v. Accuratus Corp., 2016 […]
Owner of Vacation Home May be Liable to Renter for Fall on Stairwell Even if Design Complied with Construction Codes
Plaintiff Frank Danley rented a vacation home in Long Beach from Pasquale Pappalardo. The home had been recently renovated to add a third floor space which was accessible by an eight-step interior staircase. The plaintiff was talking to a friend standing in the kitchen and, while walking along the counter, missed the one step that […]
Landlord Found Not to Have Breached Any Duty to Guest of Tenant in Failing to Provide Adequate Security
Melissa Alvarado sued the Blair House, a condominium complex, and its property manager based upon personal injuries she suffered due to the defendants’ alleged failure to provide adequate security while at Blair. One night, she was there to visit her boyfriend at 12:15 am and, while parking her car, was approached by two individuals, Eric […]
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