John P. O'Toole Partner





  • NJ Appellate Panels Reach Opposite Conclusions on Duty of a Commercial Tenant to Inspect and Secure Parking Lot for Which It Has No Responsibility

    NJ High Court Likely to Consider Duty of Commercial Tenants

    March 5, 2013

    In one case, the court held “as a general rule, when a commercial tenant in a multi-tenant shopping center has no control or contractual obligation to maintain a parking lot shared with other tenants, the common law does not impose a duty upon the tenant to do so.”
    In a second case, the court held that despite a developer’s contractual responsibility for the maintenance and repair of an area outside a commercial condominium unit, the owner of that unit still owed a duty of care to the employee of an independent contractor with regard to a hazardous condition in that same location.

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