February 7, 2014: Unpublished New Jersey Appellate Court decision.
Sidewalk slip and fall case where a resident of the community slipped from ice on the street and sued the association and other third parties for failure to properly maintain the street in accordance with their responsibilities. Though in a private community, the street was also accessible to the public. The association had bylaws containing a provision that only “willful, wanton or grossly negligent conduct” by the association could result in liability to an injured homeowner. The injured resident sought to impose liability on the association based on duties imposed by the association’s governing documents and based on a common law duty imposed on commercial property owners and a nonprofit private school to act reasonably in removing snow and ice after actual or constructive notice of the hazardous condition of the sidewalk.
The court found that there was no proof that the association engaged in conduct that was willful, wanton or grossly negligent and that the common law does not impose a duty that made the association liable in tort for the negligent performance of its statutory and contractual duty.
See case decision: Cuiyun_Qian_v._Toll_Bros._Inc._(N.J._Super._App._Div._2014)1.