Brower v. ICT Group

In Brower v. ICT Group, 164 N.J. 367, 753 A.2d 1045 (2000), petitioner was injured when, after punching out at the end of her work day and egressing the two-story multi-tenant building in which her employer was a tenant, she fell on a stairway in the rear of the building. The stairway led from the basement to the second floor and had an outside entrance on the ground level. At the second floor, it opened only into the employer's leased space. Access was also available from an elevator and another stairway in the front of the building. Petitioner's employer did not dictate which means of access or egress its employees were to use. Nonetheless, and regardless of whether the stairway was or was not part of the employer's leased premises, the situs of the accident was found compensable. Id. at 373, 753 A.2d 1045. The Court noted that the employer knew or should have known its employees were using the back stairs and could have but did not prohibit that and, thus, "ratified its employees' use of that stairway for ingress and egress." Id. at 373, 753 A.2d 1045. The Court also observed that given the physical location of the stairway, it could not be considered a common area but rather used only for employee access and egress. Id. at 374, 753 A.2d 1045.