A Capehart Scatchard Blog

Tag: premises liability

Appellate Division Rejects Ongoing Storm Rule in Second Decision

By on October 9, 2020 in Negligence with 0 Comments

Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway.  It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]

Share

Continue Reading »

Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

By on September 25, 2020 in Negligence with 0 Comments

Defendant Mark Zwierzynski (“Zwierzynski”), age 19, permitted his underage adult friends to consume alcoholic beverages in his home. Two of his guests, plaintiff’s decedent Brandon Tyler Narleski (age 19) and plaintiff Nicholas Gomes (age 20) left his home severely intoxicated. Shortly thereafter, Gomes lost control of his vehicle and crashed, causing Narleski’s death. In Estate […]

Share

Continue Reading »

Red Lobster Found Potentially Liable To Customer For Injury From Fall On Oily Steps

By on September 4, 2020 in Negligence with 0 Comments

The plaintiff, Mia Alers-Alvira, was leaving the Red Lobster restaurant when she slipped and fell on the last of three steps that led to the entrance/exit pathway of the Red Lobster.  She claimed that she fell on the oily residue on these concrete steps.  In the case of Alers-Alvira v. Red Lobster Restaurant, Inc., 2020 […]

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 »

New Jersey Appellate Division Rejects Storm In Progress Defense

By on April 13, 2020 in Negligence with 0 Comments

In a published decision involving a slip and fall accident on a public sidewalk due to black ice, the Appellate Division rejected the ongoing-storm rule as a defense (aka the Storm in Progress rule). Instead, in Pareja v. Princeton International Properties, 2020 N.J. Super. LEXIS 41 (App. Div. Apr. 9, 2020), the Court held that […]

Share

Continue Reading »

Residential Property Owner Found Not Liable for Plaintiff’s Injury Caused by Raised Public Sidewalk Slab Abutting Owner’s Home

By on February 7, 2020 in Negligence with 0 Comments

Plaintiff Carla Israel was walking on the sidewalk bordering the rear of the defendant’s home located in East Brunswick, New Jersey.  She fell as a result of an uneven slab of sidewalk and suffered an injury.  The issue in Israel v. Gross, 2019 N.J. Super. Unpub. LEXIS 2538 (App. Div. December 12, 2019) was whether […]

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 »

Premises Liability Case Dismissed Against Supermarket Due To Plaintiff’s Failure To Prove Constructive Notice of Spill

By on January 10, 2020 in Negligence with 0 Comments

The plaintiff Beverly Jackson slipped and fell on a quarter size dollop of shampoo from a bottle that had just fallen from the shelf in the pharmacy department of the defendant supermarket.  Based upon video evidence, this shampoo had fallen on the ground three minutes before her fall.  In Jackson v. ShopRite of Ewing, 2019 […]

Share

Continue Reading »

Store Found Not Liable For Slip And Fall Due To Melting Snow From Cart In Aisle

By on January 3, 2020 in Liability with 0 Comments

Plaintiff Johanna Cortes fell while she and her husband were shopping at BJ’s Wholesale Club.  She allegedly slipped and fell in a puddle of water about two feet wide, created by melting snow from a cart left in the aisle.  In the federal court case of Cortes v. BJ’s Wholesale Club, 2019 U.S. Dist. LEXIS […]

Share

Continue Reading »

Court Finds Contractor Not Responsible For Accidental Death Of Subcontractor’s Employee

By on November 1, 2019 in Negligence with 0 Comments

Plaintiffs Walter Friedauer and Robert Friedauer, as Executors of the Estate of Paul Friedauer, brought a wrongful death action against defendant Ashbritt Environmental Inc. (Ashbritt).  Ashbritt was the state’s prime contractor for the hurricane or other natural disaster debris recovery, remediation and disposal in Brick Township due to Hurricane Sandy.  Ashbritt had subcontracted some of […]

Share

Continue Reading »

Top