Tenant Responsible for Defective Sidewalk

July 21, 2019

What Happened: The case began when a shopper tripped on the gap of a sidewalk outside a grocery store leased by Pathmark. Since the owner was now bankrupt, the victim’s case hinged on a single question: Was Pathmark, as tenant, liable for the defective sidewalk? Pathmark claimed that if there was any negligence, the owner was wholly responsible. The victim won Round 1, setting the stage for the appeal. 

Decision: The New Jersey appeals court affirmed the ruling of negligence against Pathmark.

What Happened: The case began when a shopper tripped on the gap of a sidewalk outside a grocery store leased by Pathmark. Since the owner was now bankrupt, the victim’s case hinged on a single question: Was Pathmark, as tenant, liable for the defective sidewalk? Pathmark claimed that if there was any negligence, the owner was wholly responsible. The victim won Round 1, setting the stage for the appeal. 

Decision: The New Jersey appeals court affirmed the ruling of negligence against Pathmark.

Reasoning: The court cited three factors for finding Pathmark negligent as tenant:

  • The triple net lease required Pathmark to make all structural changes and repairs necessary to keep the premises, including the sidewalks, in good repair and condition;
  • Pathmark waived its right to require the owner to “maintain, repair, or rebuild all or any part of the premises”; and
  • Pathmark was in the best position to remedy the defective sidewalk.

 

  • Albert v. Pathmark Stores: 2019 N.J. Super. Unpub. LEXIS 1586

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