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Tag: Mode of Operation Rule

Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart

By on January 10, 2019 in Court Rulings with 0 Comments

Plaintiff Mindy Klarman was at Pathmark’s Lake Hopatcong supermarket on January 31, 2011 when she fell. She slipped on a puddle of water near the checkout, which came from snow off of the bottom of shopping carts, which had been brought into the store. In Klarman v. Pathmark Supermarket, 2018 N.J. Super. Unpub. LEXIS 2808 […]

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Supreme Court Reaffirms that Mode of Operation Rule of Limited Application

By on October 2, 2015 in Blog with 0 Comments

Typically, in a personal injury suit alleging bodily injury in a premises liability case, the plaintiff would need to prove that the business owner had actual or constructive notice of the dangerous condition that caused the accident. If the “mode of operation” rule applies, the plaintiff is relieved of this burden and is entitled to […]

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