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Tag: premises liability

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 […]

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Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition

By on October 25, 2019 in Negligence with 0 Comments

Plaintiff Ella Jacob slipped on a hallway floor while working for her medical practice employer.  The office had been leased to her employer by the defendant Marlboro Gastroenterology, PC.  (“Marlboro”)  The issue in Jacob v. Marlboro Gastroenterology, P.C., 2019 N.J. Super. Unpub. LEXIS 2164 (App. Div. Oct. 23, 2019) was whether Marlboro could be held responsible […]

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Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail

By on October 4, 2019 in Negligence with 0 Comments

Plaintiff Dawn O’Neill claimed to have suffered a serious injury when she fell down the exterior steps of her sister’s home due to a negligently maintained handrail.  The trial court had granted summary judgment to the defendants (plaintiff’s sister and her brother-in-law), determining that they did not breach any duty owed to plaintiff and that […]

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Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage

By on June 1, 2018 in Settlements with 0 Comments

Plaintiff Janine Ball was injured while walking into a Rite Aid store when struck by defendant Charles Reese, who had fallen asleep at the wheel. She sued Reese based upon negligence in operating his vehicle and Rite Aid based upon a premises liability theory. Plaintiff also informed her own automobile insurance company that she intended […]

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When is a Condition an “Open and Obvious Defect”?

By on December 2, 2016 in Duty of Care, Liability with 0 Comments

A business owner owes to its invitees a duty of reasonable care to provide a safe premises. This duty includes an affirmative duty to inspect the premises and requires the business owner to discover and eliminate dangerous conditions and to maintain the premises in a safe condition. But, what if the condition is an “open […]

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