Tag: premises liability
Premises Liability Case Dismissed Against Supermarket Due To Plaintiff’s Failure To Prove Constructive Notice of Spill
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 […]
Store Found Not Liable For Slip And Fall Due To Melting Snow From Cart In Aisle
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 […]
Court Finds Contractor Not Responsible For Accidental Death Of Subcontractor’s Employee
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 […]
Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition
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 […]
Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail
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 […]
Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage
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 […]
When is a Condition an “Open and Obvious Defect”?
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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