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Kenneth Vercammen & Associates
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Civil Model Jury Charge 5.20I DUTY OF A SUPERMARKET

5.20I DUTY OF A SUPERMARKET TO A BUSINESS INVITEE WALKING IN ONE OF THE AISLES

https://www.judiciary.state.nj.us/civil/civindx.htm

One who owns or operates a business establishment such as a supermarket and invites members of the public to enter for business purposes has a duty to exercise reasonable care for the safety of his/her customers. That duty includes the duty to use reasonable care to see to it that the premises are in reasonably safe condition for the use of his/her customers.

If you find that the premises were not in a reasonably safe condition because of failure to exercise such care (that is, subjected the customer to an unreasonable risk of harm), and defendant did not exercise reasonable care, then defendant was negligent.[1] On the other hand, if you find that the condition of the premises was reasonably safe (that is, did not subject the customer to an unreasonable risk of harm) then defendant was not negligent.

Plaintiff was a person to whom defendant owed the duty of exercising reasonable care to maintain the aisle in a reasonably safe condition for passage. Plaintiff had a right to assume that the floor of the defendants store was free from obstruction as he/she walked down the aisle. This right existed until he/she was aware or should have been aware of the hazard which allegedly caused the accident. The plaintiff is not required to maintain a continued surveillance of the floor to discover hazards; but if you find that immediately before the accident, plaintiff was not exercising due care for his/her own protection, he/she was negligent. On the other hand, if plaintiff was exercising due care, then he/she was not negligent.

Cases:

See Krackomberger v. Vornado, Inc., 119 N.J. Super. 380 (App. Div. 1972); Bozza v. Vornado, Inc., 42 N.J. 355, (1964); Wollerman v. Grand Union Stores, Inc., 47 N.J. 426 (1966).



[1] Define constructive notice where applicable (See Model Civil Charge 5.20F, numbered paragraph 10).

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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

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