Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 28, 2015
The Firm
201-896-4100 info@sh-law.com
Plaintiff Cuiyun Qian filed a personal injury suit against Toll Brothers, Inc., Integra Management Corp. (Management Company of Integra), The Villas at Cranbury Brook Homeowners Association (Homeowners Association), and Landscape Maintenance Services, Inc. (Landscape Inc.). She alleged that the defendants failed to maintain a common-area sidewalk on the grounds of The Villas at Cranbury Brook (Villas), causing her to slip and fall on ice.
The Villas is an “over 55,” age-restricted, common-interest community, consisting of approximately 102 detached single-family homes on 32.5 acres of land. Homeowners at the Villas take title only to their dwelling units, while all other areas are common property owned by the Homeowners Association and Recreation Association. Under the community’s certificate of incorporation and by-laws, the Homeowners Association has sidewalk liability – they are responsible for the maintenance of the common elements, which include the sidewalks.
Under New Jersey common law, commercial landowners have a legal obligation to clear public sidewalks abutting their properties of snow and ice for the safe travel of pedestrians. The law does not impose a similar duty on residential landowners.
In Luchejko v. City of Hoboken, 207 N.J. 191, 211 (2011), the New Jersey Supreme Court relied on the distinction in holding that a condominium association and management company were immune from suit for allegedly failing to clear ice from a public sidewalk abutting a residential condominium building. In this case, the trial court and the Appellate Division cited Luchejko in finding the sidewalk at issue was “public” and that the defendants were similarly immune from suit.
The New Jersey Supreme Court reversed. It held that residential public-sidewalk immunity does not apply in the case of a sidewalk privately owned by a common-interest community.
“Who owns or controls the sidewalk, not who uses it, is the key distinguishing point between a public and private sidewalk. Here, the by-laws of the homeowners association spell out the association’s duty to manage and maintain the community’s common areas, including sidewalks,” Justice Barry Albin explained.
The court further noted that the homeowners association also has a statutory obligation pursuant to Condominium Act, N.J.S.A. 46:8B-14(a), to manage the common elements of which the sidewalks are a part. The statute further requires homeowners’ associations to maintain liability insurance. “Clearly, the Legislature believed that the private sidewalks of a common-interest community were subject to tort liability,” Justice Albin stated.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!