Supreme Court of New Jersey

Sarah Berger, Plaintiff-Respondent v. Samuel Shapiro, Defendant-Appellant

June 1, 195930 N.J. 89

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that a host owes a social guest a duty to warn of or remedy concealed dangerous conditions that the host knows about and that the guest could not be expected to discover, and that the evidence was sufficient to submit the issues of causation and contributory negligence to the jury. The court rejected the defendant's motion for dismissal on the grounds of lack of duty and contributory negligence. Justice Hall dissented, arguing that the evidence was insufficient to infer causation.