By John J. Megjugorac, Esq.

In 1981, the New Jersey Supreme Court announced its decision in the landmark case of Stewart v. 104 Wallace Street Inc., 87 N.J. 146, 157 (1981) wherein the Court held “commercial landowners are responsible for maintaining in reasonable good condition the [public] sidewalks abutting their property are liable to pedestrians injured as a result of their negligent failure to do so.”  The Stewart Court, found that the liability rule would (1) “provide a remedy to many innocent plaintiffs,” (2) “give owners of abutting commercial property an incentive to keep their sidewalks in proper repair,” and (3) “eliminate…arbitrariness.” Stewart 87 N.J. at 156.  Two years later, the Supreme Court held that commercial landowners must take reasonable measures to remove ice and other hazardous conditions from its premises and abutting sidewalks and are responsible for conducting close inspections.  Mirza v. Filmore Corp. 92 N.J. 390 (1983). In subsequent cases, sidewalk liability has been extended to commercial tenants.  Antenucci v. Mr. Nick’s Mens Sportswear, Realty Assoc., 280 N.J. Super. 124, 128-30 (App. Div. 1986); Nielsen v. Wal-Mart Store No. 2171, 429 N.J. Super. 251 (App. Div. 2013).

In Antenucci, the Appellate Division extended Stewart Liability to a commercial tenant that maintained exclusive possession of the property.  Subsequent New Jersey cases have refused to extend Stewart liability to multi-tenant commercial tenants.  However, this issue is still evolving and has not been completely resolved.  Just a few months ago, the Appellate Division found that a commercial tenant in non-exclusive possession of the property owed a duty to the plaintiff for maintaining a common area.  That case, Nielsen, supra, found that terms of the applicable lease were only one factor in determining whether a duty should be imposed.  In light of Nielsen, look for future New Jersey courts to further refine when a duty of a non-exclusive commercial tenant will be imposed.

At the Ginarte Law Firm, our attorneys have been practicing in the area of personal injury for over thirty years.  That experience has provided our firm with the expertise to handle your case, no matter the complexity.  If you have been involved in an accident, contact the Ginarte Law Firm today for a free evaluation of your case.  We can be reached at 1-888-GINARTE or use our online contact form.