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"Slip Slidin' Away" - Down the Slippery Slope in "Take-Home" Cases after Schwartz

July 2016 - HarrisMartin's COLUMNS-Asbestos
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by Carter Strang, published in HarrisMartin's COLUMNS-Asbestos

The lyrics of Paul Simon’s 1977 hit song “Slip Slidin’ Away” include a refrain proclaiming that “the nearer to your destination, [T]he more you’re slip slidin’ away.” The song comes to mind when considering limits to potential liability - if any - in “take-home” premises liability in jurisdictions that permit such claims.

What may be “slip slidin’ away” is any reasonable restraint on who may bring such claims, particularly in light of the recent New Jersey Supreme Court ruling in Schwartz v. Accuratus (Case No. A-73-14), which permitted a take-home premises claim arising from alleged exposure as a guest and roommate.

Read the article here.

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