Commercial establishments have a duty to provide for the safety of its patrons. A business located in a known crime area may have the duty to provide adequate security outside the premises
Commercial establishments have the duty to protect their patrons from foreseeable incidents within the premises such as fighting among patrons or activities that can cause injury.
Negligent Hiring and Retention
An employer can be held liable for hiring and retaining an employee who the employer knew or should have known was violent or aggressive or that the employee might engage in conduct likely to cause injuries to others. Negligent hiring and retention is a separate tort imposing liability on an employer for wrongful acts outside the scope of an employee’s employment.
Generally, if the employee is acting within the scope of his employment and is negligent, the employer is held liable under the principles of respondeat superior which means let the master answer.
If the employee’s acts are outside the scope of his employment and the plaintiff cannot prove negligent hiring and retention, the employer may not have liability.
New Jersey law imposes strict liability on the owners of any dog that bites a person regardless of whether the dog had been previously vicious or if the owner had knowledge of the dog’s viciousness. The law does allow the dog owner a defense that the plaintiff was comparatively negligent such as acts that incite the dog.
Areas of Practice
- Personal Injury: Health Benefit Plan Liens Against Third Party Personal Injury Awards
- Slip/Falls: Duty To Maintain Exterior Areas Of Commercial Units
- Life Insurance - Rescission For Misrepresentation Of Income
- Lawsuits Against Port Authority Of New York And New Jersey
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