Firm News

New Jersey Courts have widely recognized the “mode-of-operation rule”. Under this rule, if the very nature of a business’ operation creates the hazard, then the burden of proof for a negligence claim shifts to the business owner to negate the inference of negligence by providing evidence of due care. Self-service restaurants and supermarkets are all […]

In Agosto v. Museum of Modern Art, 2023 Slip. Op. 04292 (2d Dep’t Aug 16, 2023), the Appellate Division, Second Department, affirmed a lower court decision denying the defendant museum’s motion for summary judgment on plaintiff’s common law negligence and Labor Law § 200 claims. Plaintiff, an HVAC technician, was conducting routine preventative maintenance when […]