A Cautionary Tale for Business Owners: Sterlacci v. Wawa Food Market

The recent decision in the unpublished case of Sterlacci v. Wawa Food Market serves as a critical reminder to businesses about the importance of maintaining safe premises for their customers. The case, which involved a slip-and-fall accident in a Wawa parking lot, highlights the legal obligations of businesses to address hazardous conditions proactively.

Case Summary

In this negligence action, plaintiff Jamie Sterlacci sued Wawa Food Market after slipping on black ice in the parking lot of a Wawa store in Rahway, New Jersey. The incident occurred shortly after midnight on February 17, 2021, following a snowstorm on February 15-16. While the main roads were cleared, some snow and ice remained on side roads, and the temperature was freezing at the time of the incident.

Sterlacci, who did not notice the black ice until after she fell, sustained permanent back injuries. She argued that Wawa had failed to maintain a safe environment by not addressing the ice in the parking lot. A Wawa employee who witnessed the fall acknowledged that the area should have been salted or cordoned off.

The trial court initially granted Wawa’s motion for summary judgment, ruling that Sterlacci failed to establish that Wawa had actual or constructive notice of the hazardous condition, i.e., the black ice. However, on August 27, 2024, on appeal, the Appellate Division reversed the decision, finding that a reasonable jury could conclude that Wawa had constructive notice of the black ice and was negligent in not taking appropriate precautions. The Court further endorsed the idea that no expert testimony was required because the jury could infer that there were circumstances leading to thaw and refreeze.

Avoiding a Similar Fate

The Sterlacci v. Wawa decision underscores several key points that businesses must consider to avoid similar legal challenges:

1. Duty of Care: Businesses owe a duty of reasonable care to their customers, which includes the responsibility to maintain safe premises. This duty extends to discovering and remedying dangerous conditions, such as black ice in parking lots.
2. Constructive Notice: Even if a business did not have actual notice of a hazardous condition, it can still be held liable if it can be shown that the condition existed long enough that the business should have known about it. In this case, the court noted that the black ice likely formed from melting snow, which refroze due to cold temperatures—a foreseeable event that Wawa should have addressed, and again, which did not require expert testimony.
3. Proactive Measures: To avoid liability, businesses should implement proactive measures, such as regularly inspecting and treating parking lots and walkways for ice during winter months. Simple actions like applying salt or sand can prevent accidents and protect against claims of negligence.
4. Documentation and Training: Proper documentation of maintenance activities, such as receipts and invoices, as well as proper employee training on how to handle hazardous conditions are essential and can go a long way in defending such cases. In Sterlacci's case, the acknowledgment by a Wawa employee that the area should have been treated played a significant role in the appellate court's decision to reverse the summary judgment.

Taking Proactive Steps to Mitigate Risks

The reversal in this case, which permits the plaintiff to proceed with the lawsuit on the issue of whether Wawa was negligent in failing to take precautions to prevent the hazardous condition, serves as a stark reminder for businesses to stay vigilant in maintaining their premises, especially during inclement weather. By taking proactive steps and ensuring that employees are trained to recognize and mitigate risks, businesses can not only protect their customers but also shield themselves from costly legal battles.

Need more insights on premises liability law, have questions, or need legal assistance in this area? Contact Joshua Filzer at jfilzer@hoaglandlongo.com or Joseph Leone at jleone@hoaglandlongo.com,or call us at 732-545-4717.