Although lawyers often speak of premises liability and negligence as facile legal concepts, recent New Jersey decisions indicate that that they still deserve significant attention. Over the past year, New Jersey courts have closely examined the potential liability of commercial tenants. These decisions offer guidance not only on how to defend against filed suits, but also how commercial tenants and owners can best insulate themselves from liability.
The Appellate Division issued two significant decisions over the past year regarding the duties of commercial tenants in multi-tenant complexes: Kandrac v. Marrazzo’s Mkt. at Robbinsville, 429 N.J. Super. 79 (App. Div. 2012), certif. denied, 213 N.J. 528 (2013), and Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div.), certif. denied, 213 N.J. 535 (2013). But, as is clear from Kandrac and Nielsen, the analysis of a New Jersey commercial tenant’s liability should start in the Third Circuit.
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