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Commercial Litigation Landlord Tenant Law Litigation

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.

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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.

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