Elizabeth Parks, Plaintiff-Appellant v. Peter Rogers, Helen Rogers and Bruce Rogers, Defendants and Third-Party…

Summary

The Supreme Court of New Jersey reversed the Appellate Division’s grant of summary judgment, holding that genuine issues of material fact exist as to whether the homeowners knew or should have known of the inadequate handrail and darkness and thus owed a duty to warn the social guest. The Court reaffirmed the established rule that a landowner must warn a social guest of a dangerous condition that the owner knows or has reason to know about, unless the guest is aware of it. The opinion notes a dissent by Justice Verniero, who would have affirmed the summary‑judgment ruling.