On January 10, 2025, Sweeney & Sheehan Partner Neal Thakkar obtained summary judgment in a premises liability case in Union County, New Jersey. Plaintiff alleged a slip and fall in a retail store due to spilled pasta sauce near the entrance to the checkout lanes. Plaintiff relied on the mode of operation theory of liability, which in certain circumstances relieves a plaintiff of the burden of proving that a retailer had actual or constructive notice of the spill. The defense argued that this exception does not apply to the sale of sealed products not intended for use or consumption inside the store, and that plaintiff failed to prove actual or constructive notice. Following oral argument, Judge Walsh granted summary judgment, finding that the mode of operation exception was inapplicable, and that plaintiff failed to prove notice.
