New Jersey Court Answers The Burning Question: Can I Sue The Owner Of An Abandoned Church If I Slip And Fall On The Sidewalk Outside The Church?

by: Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Slip and fall (pd)
The facts and legal issues in sidewalk slip and fall cases sometimes read like they are pulled from law school final exams. In New Jersey, the baseline legal rule is clear — owners of commercial properties generally have a duty to maintain, in reasonably good condition, the sidewalks abutting their property, while owners of residential properties do not. But does a property owner have a duty to maintain its sidewalks when:

  • the property is both residential and commercial, like a multi-family home where one unit is owner occupied and the others are rented (click here for more on that, but the short answer is that it depends on whether the property is primarily residential or primarily commercial ); or
  • the plaintiff is a tenant and sues the landlord after slipping on a sidewalk outside the rental property (click here for more on that, but usually, yes); or
  • the property is a commercial property, final judgment of foreclosure has been entered in favor of the lender, but no sheriff's sale has been scheduled (click here for more on that, but if the lender can be considered a mortgagee in possession, then yes); or 
  • the property is owned by a condominium or common-interest community (click here for more, but generally, yes if it's a private sidewalk within the condominium, no if it's a public sidewalk abutting the condominium); or
  • the property is residential and the fall is caused by sweetgum spikey seed pods that fell from a tree on the defendant's property (click here, but, no).

And now one more can be added to the list thanks to the Appellate Division's decision is Ellis v. Hilton United Methodist Church, where the question presented was whether "sidewalk liability applies to an owner of a vacant church."

Continue reading “New Jersey Court Answers The Burning Question: Can I Sue The Owner Of An Abandoned Church If I Slip And Fall On The Sidewalk Outside The Church?”

Drink Up! TGI Fridays Ducks Class Action Based On Alleged Failure To List Drink Prices On Menu

by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

TGIFOn a ski trip a few years back, a friend of mine decided to spend his day at a local bar instead of on the slopes. He spent the afternoon drinking with a friend and a man they met at the bar. Later in the day, the man, who had been drinking with them the whole time, said he had to go to work. He stood up, walked around to the other side of the bar, and clocked in for his shift as the bartender. He promptly gave my friend one more drink on the house, and then told him he was cut off. That is consumer fraud if you ask me. But, alas, that issue was not before the New Jersey Supreme Court in Dugan v. TGI Friday’s, Inc.

In Dugan, plaintiffs alleged that TGIF violated the New Jersey Consumer Fraud Act (CFA) and the Truth in Consumer Contract Warranty and Notice Act (TCCWNA) by (1) failing to list prices for alcoholic and non-alcoholic drinks on its menus and (2) charging different prices for the same beverage depending upon where in the restaurant the beverage was served (i.e., at the bar as opposed to at a table). Plaintiffs sought to certify a class comprised of "all customers who had purchased items from the menu that did not have a disclosed price."

The first-named plaintiff alleged in the complaint that she only "became aware of the prices [of drinks she purchased at the bar] after she had consumed the beverages and was presented with a check," and that she was "charged $2.00 for a beer at the bar and later charged $3.59 for the same beer at a table in the restaurant." She was later deposed and admitted that she did not review the menu at the bar, or review the price of the beer indicated on her receipt from the bar, or review the beverage section of the menu at the table, or review the final bill before she paid it. Rather, she testified that she reviewed the receipts when she got home and noticed the discrepancies, and also noticed that she paid a "steep" price for a soda. 

Continue reading “Drink Up! TGI Fridays Ducks Class Action Based On Alleged Failure To List Drink Prices On Menu”

Shortcut Across Bank Parking Lot Leads To A Slip And Fall, But No Liability For The Bank

 by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

SlipandfallI tagged this post in the "banking" category even though its only connection to banking is that it involves a slip-and-fall that occurred in a bank parking lot. But, it offers yet another example of something I have written about before — liability of property owners for accidents that occur on their property.

In Negron v. Warriner's Construction Co., plaintiff slipped on ice and snow in a PNC Bank parking lot that he was using as a short cut to get from his home to a nearby Dollar Store. A morning snow storm dropped approximately 5-6 inches of snow on the area. After the snow stopped, the parking lot was plowed and salted. Plaintiff, who lives across the street from the bank, actually watched the lot get plowed and salted. Several hours after the lot was plowed, a light snowfall covered the lot again with a dusting of snow and, in certain spots, ice underneath.

At around 9 pm, after the second snowfall, plaintiff left his home for the Dollar Store. "Rather than staying on public sidewalks, plaintiff took his normal route by taking a shortcut across the PNC Bank parking lot." This was apparently not uncommon in the neighborhood; residents regularly cut across the lot. There were no fences or gates preventing them from doing so, but there was a "No Trespassing" sign. There was also a sign restricting parking to only bank customers, but this was frequently ignored by neighborhood residents who parked their cars in the lot. 

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Have You Ever Left $600 At The Counter Of A UPS Store?

Security camera (pd)
Me neither, but that is what happened in Glenn v. Duroseau. In fact, plaintiff in that case alleged that she not only left the money on the counter but that, when she went back a few minutes later, it was gone. To make matters worse, the security camera in the store did not work, so there was no way to tall exactly what happened. The trial court originally held this against the store owner, holding that he had a duty to plaintiff to ensure that the security cameras were working, but this decision was reversed on appeal. 

In Glenn, plaintiff claimed that she walked into a UPS Store and placed her pocketbook on the counter, along with an envelope containing $600 in cash. When she left, she claimed that she took the pocketbook but not the envelope. She walked about four blocks away from the store before she realized that she was missing the envelope. When she returned to the store, the envelope was gone. She asked a store employee if he had seen it, but he responded that plaintiff did not leave an envelope in the store. Plaintiff became upset and called her boyfriend, who arrived and told the employee to give plaintiff her money back. The employee again denied that plaintiff had left an envelope in the store. 

Plaintiff then called the police. When police officers arrived, they asked if the security cameras in the store were working. The employee did not know, but called his boss, who arrived on the scene and promised to review the tapes. However, it turned out that the security cameras were not working. Plaintiff sued the store owner, seeking the return of her $600.

 

Continue reading “Have You Ever Left $600 At The Counter Of A UPS Store?”