In the recent case, Schnurr et al. v. J.L. Property Owners Association Inc. et al., a Florida jury awarded $41 million to a bicyclist, James Schnurr, who crashed into a bollard installed on a bicycle path constructed for a homeowners association in a residential community that left him paralyzed from the neck down. The association, which chose to keep its roadways private, installed the bicycle path without commissioning an engineering study and without obtaining permits. The association installed bollards on the path to prevent motor vehicle traffic and painted the bollards beige for aesthetic reasons rather than a brighter, more visible color. The jury allocated responsibility among the homeowners association, bicyclist and golf club owner and specifically found that the homeowners association was 45% at fault for failing to warn the bicyclist of the dangerous condition created by the unsafe bollards.
Although the case did not involve the developer of the community, developers should take heed to always ensure necessary permits are in place before commencing construction of any element, and to always seek and rely upon the advice of licensed professionals.
If you have questions about this case or construction defects in New Jersey, contact Don Taylor at 732.855.6434 or Dan Kluska at 732.855.6033.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.