In June 2021, Plaintiff Homero Mendoza, a pool technician employed by Aqua Pools, Inc., arrived at the Mahwah residence of Defendant Eleanor Davis to open her pool for the season. The prior autumn, Davis had hired a separate contractor, Our Pool Co. of NJ (Our Pool), to winterize the system. Between the winter closing and Mendoza’s arrival, Davis did not touch or operate the pool, its filter, or its pump. When Mendoza attempted to service the filtration system, the filter casing exploded, causing severe facial and head injuries. Mendoza filed a negligence action against Davis and Our Pool, alleging a failure to maintain the premises or warn of a dangerous condition. The issue in Mendoza v. Our Pool Co. of NJ, Inc., 2026 N.J. Super. Unpub. LEXIS 1715 (App. Div. July 27, 2026), was whether Davis breached her duty to maintain a safe premises for Mendoza or warn him of the danger posed by the pool equipment.
To support his claims, Mendoza relied primarily on an OSHA investigation report. The report determined that chlorine tablets left in the filtration system from Our Pool’s work in the fall, combined with elevated pre-season temperatures and a lack of water, caused gas to build up inside the system. OSHA suggested the resulting pressure could have been relieved via a manual valve and noted that the system “may” have emitted a detectable chlorine odor prior to the explosion. Mendoza did not retain an expert witness to testify on the mechanics of the filtration system or the likelihood of escaping gas.
Following discovery, Davis moved for summary judgment, arguing that Mendoza could not establish his negligence claim with the available facts, particularly without producing an expert report. Davis highlighted her complete lack of physical involvement with the equipment beyond retaining professionals to maintain it. Mendoza opposed, asserting that a jury could infer Davis was on notice of the danger due to the potential odor and her failure to open the pressure release valve. The trial court granted summary judgment for Davis, turning to the “well-settled legal proposition” that negligence is never presumed, but must be supported by proof of circumstances a jury could infer a defendant lacked due care. The trial court specifically rejected Mendoza’s claims that a reasonable homeowner would have detected the chlorine odor because Mendoza produced no competent evidence that she could have smelled any fumes. Further, the trial court found Mendoza required an expert to explain the functioning of the filtration system, a fatal error to his claims. Mendoza appealed.
On appeal, Mendoza argued that the trial court did not grant him the favorable inferences to which he was entitled and, as a business invitee, Davis owed him the highest duty of care. He turned to the OSHA report, and the inference that the gas buildup “may” have caused an odor to emanate and which Davis would have noticed precludes the need for an expert and is a question of fact for the jury.
The Appellate Division disagreed. Its opinion, echoing the trial court, advised that a party cannot defeat a properly supported motion for summary judgment on bare conclusions lacking any factual support – the plaintiff must prove their facts with support from the record, they’re never presumed; it remained undisputed that Davis never touched the pool equipment nor did she control or instruct the pool companies as to their work, she only asked them to maintain her pool. Further, the Court found the OSHA report, which contained the bulk of Mendoza’s evidence, was largely hearsay and failed to establish what Mendoza claims as to the chlorine gas emanating from the system or that Davis was capable of smelling it. Finally, while juries may weigh in on precautions expected of an average person, technical issues outside common lay experience require expert opinion. Pinpointing the cause of internal pressure buildup, the mechanics of gas escape, and whether a homeowner should recognize such a chemical hazard are specialized matters beyond a jury’s common knowledge.
This case emphasizes that litigants cannot rely on “common sense” or general premises liability duties when claims involve complex mechanical, electrical, or chemical systems and they must retain experts to explain such factors. Further, OSHA and other agency investigative records are useful discovery tools, but they do not serve as admissible expert reports and will not defeat summary judgment. Finally, hiring independent contractors to manage specialized residential systems insulates homeowners from liability for hidden hazards created or left unaddressed by those contractors.
