N.J. High Court: Public Workers Can Sue Negligent Property Owners

March 15, 2007

  • March 15, 2007 at 10:24 am
    Confused says:
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    First off, I have nothing against first responders.

    It sounds like the only ones that will win are the attorneys. Settlements and billable hours.

    It\’s a dangerous job. Choose a different one. Or accept workers comp benefits.

    I\’m torn on the issue, but still think the only winners are the lawyers. If the building owner wanted to run a bar, he wouldn\’t have leased it to someone else. How is he negligent???

  • March 15, 2007 at 2:01 am
    Reason says:
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    The officer should be responsible for his own actions.

    If he is outnumbered or just lacks good fighting skills, stay the heck out of it. It\’s not worth getting hurt.

    If he thinks he\’s Rambo and jumps in the middle of a hundred flailing fists just to get the snot smacked out of him, that is his own stupidity.

    Call for back-up and wait.
    Fights don\’t last that long; particularly fights that involve a bunch of drunk guys PO\’d over a stupid soccer match.

    If things are really out of hand, shoot anyone with a weapon or attempting to inflict mortal injuries to another.
    I\’d say one guy catching a bullet in the knee cap would end the fight fairly quickly.

    As for fire fighters I think they are referring to gross negligence such as arson.

  • March 15, 2007 at 2:05 am
    Fred says:
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    I agree….the officer should have called for back up and the law should be for gross negligence on bar owner. If you have enough occupancy for 200 people and a fight breaks out, I wouldn\’t think they should have to hire additional security.

    A few bullets to some knees would certainly have stopped the fight.

    Lawyers win again.

  • March 15, 2007 at 2:07 am
    Patriot says:
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    Why wouldn\’t every illegal in the world want to move here as soon as possible. Sue everyone, the lawyers always get paid and the poor smuck that simply had an accidental fire or something requiring the police loses.

    And, only in New Jersery were they trample on your civil and constitutional rights anyway..Who would really want to live in those states? Not me!

  • March 15, 2007 at 2:13 am
    Fred says:
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    It was probably an attorney who instigated the fight.
    Should have shot him in the knee.

    Sorry, that was sexist of me. It could be a female so lets say, should have shot that attorney.

  • March 15, 2007 at 2:26 am
    Dawn says:
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    The article states that-

    Ruiz sued the bar, claiming it failed to provide sufficient security, as required by town ordinance.

    Okay my question is if the ordinance requires so many \’bouncers\’ be onsite to prevent such a fight, were they there? IF not, yes the bar owner could be held liable.

    If one of the drunks had been hurt or even killed due to the officer \’staying out of it\’ you can bet that cop would have been placed under investigation and the city would have been sued. So either way the cop was destined to lose this arguement. And if he\’d actually put a bullet in any part of any of their bodies he would have been fired and personally held liable, possibly charged criminally. \”Not their fault, they were drunk, and the officer used excessive force so they couldn\’t bash his head in.\”

    And if everyone felt the way the prior poster feels – \”get another job if you can\’t hack it\” who would save his a$$ if god forbid he ever needed help ? First response personnel don\’t choose their careers for the hefty paycheck.

  • March 15, 2007 at 4:34 am
    Jewel says:
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    I agree with you level-headed Dawn. :)Instead of admiring a man who risks his life everyday for the city\’s citizens, he is criticized? If average Joe would have tried to help and gotten hurt, would he essentially be called a moron? No, he would be a hero. Obviously, Reason doesn\’t mind someone pummeling him or stomping on him while he waits for some more cops to show up. I know I\’d be thanking Ruiz for putting his life on the line to help me. Policemen deserve better than that kind of attitude. (talk about underpaid for what they do)

    And you\’re right about his being sued had he not stepped in. The guy couldn\’t win- so at least he chose to do his job. It is unfortunate others seem to think that\’s dumb.

  • March 16, 2007 at 1:45 am
    Jeff says:
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    Confused, Reason, Fred and Patriot (yeah right),

    You people are idiots. Stay out of it???? Yeah, that\’s what I want from my police officers, stay out of it. That might be the most stupid thing I\’ve ever read on this site (and that\’s saying a lot).

    Get a new job???? Another brilliant idea. Yeah, yeah, less fire and police protection. That would make for a good country.

    Attacking the victim (not to mention the fact that these are underpaid, overworked people that risk their lives everyday to make you safe)??? Another great point. I violate a city ordinance and someone gets hurt. You\’re absolutely right, why should I be held accountable? Where the hell is your \”personal responsibility\” argument now??

    Attacking the lawyers, another fantastic argument. If any of you get arrested or sued, make sure you don\’t go to a lawyer. I don\’t want to hear you\’ve done anything other than represent yourselves.

    You are all probably people that don\’t care that our troops went to war without proper equipment. I mean, hell, they should have got an office job instead of defending our country…we don\’t need a military!

    Thank God that your ridiculous points of view are only shared by the absolute fringe of our society, and that it is the exception and not the rule.

  • March 16, 2007 at 2:15 am
    O. Dear says:
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    Ruiz was injured on Oct. 7, 2001, when a crowd of 200 attending pay-per-view soccer matches at the Baker Theater on West Blackwell Street spilled into the street, then mixed with a crowd attending the Sunday downtown flea market, and a fight involving 50 people broke out. Ruiz and Dover Sgt. Bruce Cole responded to the fight.

    Police reports at the time said Cole was thrown against a van and Ruiz was knocked unconscious and then kicked and beaten while on the ground. He was taken to St. Clare\’s Dover General Hospital with a concussion, and neck, back and knee injuries. Three men were charged in the police assault.

    The event was run under a catering permit issued by the town to the Baker Theater that allowed Angel Mero, owner of Dover\’s Silvana\’s Restaurant to sell liquor and food. A catering permit allows an establishment without a liquor license to host events run by an establishment with a liquor license.

    Event security

    Mero had two security guards at the event. After the event, Mero was charged with promoting a nuisance and interfering with the administration of the law.

    Rossi sold the historic 1903 theater in 2004, after years of trying to create an entertainment showplace.

    Ironson (Ruiz attorney) said that Mero, as the operator of the event should have had more security, and the lack of additional help was a factor in the fight.

    McAlindin (Attny for Rossi) said that Ruiz\’s assailant is the responsible party, but since that person has not been identified, it is possible his client could be found responsible.

    source dailyrecord.com

  • March 16, 2007 at 3:18 am
    Thank O. Dear says:
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    Thank O. Dear for providing the article. Should clear up some questions/comments where we didn\’t have the entire story. Too bad the attorneys weren\’t involved in getting the snot beat out of them.



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