$1.3 Million Settlement in New Jersey Premises Liability Action
Results may vary depending on your particular facts and legal circumstances.
Dennis Shlionsky, counsel with Einhorn, Barbarito, Frost, Botwinick, Nunn & Musmanno’s Personal Injury Department, secured a $1.3 million settlement for a disabled woman who suffered spinal injuries in a preventable slip-and-fall accident at a New Jersey commercial property.
The fall occurred when the woman, who was already disabled due to chronic back pain, slipped on wet tiles in a building’s vestibule during rainy conditions, worsening her lumbar and cervical spine conditions and ultimately requiring additional pain management treatment and spinal surgery that further increased her permanent impairment.
The defense argued code compliance, pre-existing conditions, and a triple-net lease that supposedly absolved the owner. Shlionsky showed that both the owner and tenant remained responsible: New Jersey law carves out exceptions for landowners to triple-net leases, and tenants are accountable for conditions within their control. Expert analysis confirmed the vestibule flooring failed slip-resistance standards, and security footage showed the hazard worsening as patrons and delivery drivers tracked in rainwater. Though the defense claimed neither party had notice, the evidence proved otherwise.
The matter resolved through mediation, with the recovery addressing pain, suffering, and future medical needs.
Shlionsky noted: “Triple-net leases make these cases especially difficult, but they don’t erase the shared duty of both owner and tenant to keep entryways safe. When a hazard is foreseeable and preventable, accountability can’t always be shifted away.”