O'Shea v. K. Mart Corp

In O'Shea v. K. Mart Corp., 304 N.J. Super. 489, 701 A.2d 475 (App.Div.1997), a customer was injured in defendant's discount self-service store when a golf bag stored on an upper shelf fell on plaintiff and caused a significant facial injury. The Court held that the plaintiff was not required to provide evidence of notice of a dangerous condition when the defendant has an affirmative duty "to not only discover and eliminate any possible dangerous conditions or circumstances . . . but also to keep the premises reasonably safe and not create any condition which renders the premises dangerous." Id. at 492-93, 701 A.2d 475. The Court further stated that whatever method of operation is adopted by an operator of a store it "'is under a duty to take reasonable measures to guard against injuries to customers.'" Id. at 493, 701 A.2d 475,