N.J. Federal Judge Rules Bank Had Duty Of Care To Homebuyer Viewing Foreclosure

Feb 11, 2015
Paul M. da Costa

A federal judge in New Jersey recently ruled that a bank owes a duty of care to a potential homebuyer who is viewing a foreclosure owned by the bank.  The prospective buyer was touring the home when she slipped on broken glass and was injured.  

The judge said that the bank “assume[s] the owner’s nondelegable duty to protect business invitees from reasonably foreseeable injuries due to dangerous conditions.”  It was irrelevant, according to the judge, that the bank did not know the potential homebuyer.  In addition, the broken glass was foreseeable because police had warned the bank a few weeks earlier that there was a break-in at the home. 

Ultimately, because the prospective homebuyers had no way of preventing the danger, and the bank, as owners of the property, had the ability to make regular inspections, the bank was obligated to do so. 

If you or a loved one was injured while on the property of another, you may have a personal injury claim.  Call Paul M. da Costa, Esq. at Sarno da Costa D’Aniello Maceri LLC for help with your case.  We can be reached at 973 274-5200