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In the Wake of Shields: Broader Implications for Decision on Commercial Landlord Liability
The Supreme Court of New Jersey recently revisited an oft-contested issue in the area of premises liability: whether a commercial landlord owes a duty to its tenant's business invitees to maintain the premises, under a triple net lease, where the tenant is in exclusive possession of the demised premises. See, Shields v. Ramslee Motors (A-53-18) (081969). The court offered some clarity on this issue, but the decision ultimately leaves many questions unanswered and calls into doubt the continued viability of prior case law.
In Shields, the plaintiff was delivering a letter to Ramslee Motors, a used car dealership. This rendered the plaintiff a business invitee of the tenant. He slipped and fell on snow and ice on the driveway of the demised premises, sustaining bodily injuries. Plaintiff settled with the tenant and proceeded with his claims against the commercial landlord.
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