• The Duty Of Care in Take-Home Toxic-Tort Cases: Its Not Just for Spouses Anymore
  • August 18, 2016 | Authors: Beth S. Rose; William R. Stuart
  • Law Firm: Sills Cummis & Gross P.C. - Newark Office
  • In Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006), the New Jersey Supreme Court imposed a duty of care on a landowner in a premises liability case for injury to a spouse from take-home exposure to a toxic substance. The Supreme Court recently clarified the scope of this duty in Schwartz v. Accuratus Corp., A-73 September Term 2014, 076195, 2016 N.J. LEXIS 691 (July 6, 2016) when it responded to the following question posed by the Third Circuit: whether the premises liability rule set forth in Olivo may extend to non-spouses exposed to toxic substances. The Supreme Court held that the Olivo duty of care may apply to non-spouses if the injury is reasonably foreseeable and imposition of the duty serves the interests of fairness and justice.