Ginarte Law Firm Donates to Toys for Tots Program

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). [Read more…]