Nielsen v. Wal-Mart Store 2171

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, defendant Walmart Store # 2171—the owner of a unit in a multi-unit commercial condominium developed by defendant Nassau Shopping Center Condominium Association (the developer)—argues it had no duty to warn its independent contractor’s employee of a hazardous condition in an area that the developer was contractually bound to repair and maintain. Because the particular relationship of the parties, the nature of the attendant risk, Walmart’s opportunity and ability to exercise care, and the public interest all balance in…