On September 17th 2024, Partner Neal Thakkar obtained summary judgment in a Passaic County, NJ premises liability case where he represented a retailer and landlord in a case arising out of a slip and fall on detergent spilled by another customer. At her deposition, the plaintiff admitted that the spill appeared undisturbed save for her own cart track running through it, and she did not know how the spill occurred or how long it was present. The Defendants argued that the plaintiff was unable to establish actual or constructive notice of the spill and that the mode of operation exception was inapplicable since detergent was sold only in sealed containers not intended to be opened in the store. Plaintiff conceded that she could not prove notice, but argued that the mode of operation exception applies wherever customers are permitted to handle products that, if spilled, can create a slipping hazard. The Court rejected Plaintiff’s argument and entered judgment for the Defendants.