O'Brien and Ryan, LLP - Attorneys at Law

Arbitration Finding for Nursing Home in Premises Liability Matter

Jeffrey P. Brien obtained a defense finding on behalf of a nursing home at arbitration in Passaic County, New Jersey. The plaintiff fell on a puddle in the nursing home's employee cafeteria. She broke her wrist, missed time from work, and is permanently disabled. She argued that the nursing home was negligent for failing to maintain its premises in a safe manner.

After hearing testimony and listening to arguments presented by Mr. Brien, the arbitrator held that the nursing home did not have actual or constructive notice of the puddle and therefore was not liable for any damages related to plaintiff's fall. The arbitrator did find that the co-defendant vending machine company, which created the puddle, was negligent. The vending machine company was found responsible for 90% of the plaintiff's injuries, while the plaintiff herself was found responsible for 10%.

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