Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

res ipsa loquitur

Plaintiff Abdullah Alhababi was a guest at defendant Caesar’s Hotel when he was injured due to a showerhead screen that suddenly detached and fell on his head.  It caused him to fall and lose consciousness.  The issue in Alhababi v. Caesar’s N.J., Inc., 2025 N.J. Super. Unpub. LEXIS 395 (App. Div. Mar. 14, 2025) was whether the doctrine of res ipsa loquitur should have been applied to afford the plaintiff a permissive inference that his injuries were caused by defendant’s negligence.

On the day before the accident, plaintiff had checked into a 2-bedroom suite at the defendant’s hotel, accompanied by three friends.  Each bedroom had its own adjoining bathroom and the living room also had its own bathroom.  Two of the friends stayed in one bedroom while the other friend stayed in the living room adjoining the two bedrooms.

On the next morning, plaintiff turned on the shower in the bathroom adjacent to the room he was staying in and let the water run as he shaved and brushed his teeth.  He noticed nothing amiss with the water coming out of the showerhead at that time.  He then entered the shower which had two showerheads.  One was on the wall and one was on the ceiling.  He claimed that he did not touch or adjust the one on the ceiling at any time and did not believe he could have done so due to its height.

After he entered the shower, he was washing his face and the screen of the ceiling showerhead came loose, fell and hit him on the right side of his head.  It caused him to lose his balance and fall backward.  He claims that his body hit the bench, causing him to lose consciousness.  He sued the defendant hotel for his injuries suffered as a result of this incident.  He claimed that he was diagnosed with various head and spine injuries.

Plaintiff relied upon the doctrine of res ipsa loquitur, which, if established, would have afforded him a permissive inference that his injuries were caused by defendant’s negligence.  At the close of evidence at the trial, plaintiff asked the trial judge to enter a judgment as to two of the three res ipsa loquitur elements.   The trial judge granted judgment on one of the elements, ruling that plaintiff had not contributed to the occurrence of the incident causing his injuries. 

However, he denied the motion with respect to the other element, declining to rule that defendant maintained exclusive control of the instrumentality that caused plaintiff’s injuries.  Instead, he allowed the jury to make that determination.  After deliberating, the jury returned a verdict for defendant.  Thereafter, plaintiff filed a motion for a judgment notwithstanding the verdict and asked for a new trial, which the trial court denied.

These motions were thereafter appealed to the Appellate Division.  Ultimately, the Appellate Division agreed with the trial court’s rulings and affirmed the trial court’s denial of plaintiff’s motion for a new trial.

The Court explained that the owner of commercial property must exercise reasonable care in ensuring the safety of its invitees.  However, the plaintiff has the burden of proving that the property owner’s negligence caused her injuries.  The Appellate Division explained that “when a plaintiff is unable to allege a defendant’s specific breach of duty, the doctrine of res ipsa loquitur allows the factfinder to draw an inference of negligence against the defendant if they were in exclusive control of the object or means that caused the accident.”

For this doctrine to apply, the factfinder would need to find as follows:

a)    the occurrence itself ordinarily bespeaks negligence;

b)    the instrumentality was within the defendant’s exclusive control; and

c)    there is no indication in the circumstances that the injury was the result of the plaintiff’s own voluntary act or neglect.

Here, the Appellate Division found that plaintiff was not entitled to the legal conclusion that defendant had exercised exclusive control of the showerhead as a matter of law.  According to the hotel manager’s testimony, 64 guests made 71 reservations for the room in the 9 month period before the incident had occurred.  All of these guests who occupied the subject hotel room had access to the showerhead.

Although the plaintiff’s testimony was that none of his friends used the shower before the incident, that does not establish as a matter of law that the showerhead was “not generally accessible or manipulable by the other guests staying with plaintiff.”  Hence, the Appellate Division agreed with the trial court that “reasonable minds could differ” as to whether plaintiff, his in-room guests or any other previous hotel guest could have manipulated the showerhead in such a way to cause the screen to fall.

Thus, the Court found that the matter was properly submitted to a jury and the jury’s “reasonable minds” did differ from the plaintiff’s presentation, specifically rejecting plaintiff’s contentions that the showerhead was “within the defendant’s exclusive control.”  Accordingly, the doctrine of res ipsa loquitur did not apply to create an inference of negligence against the defendant hotel. 

Further, the Appellate Division agreed with the trial court’s decision that plaintiff did not present sufficient evidence to meet the significant burden to overturn the jury’s verdict.  The Court noted that even if the evidence did establish defendant’s exclusive control, the res ipsa inference is simply permissive and the jury is free to accept or reject it.  Thus, the Appellate Division concluded that the jury’s finding that defendant was not in exclusive control of the showerhead was supported by credible evidence in the record and its verdict was not a “miscarriage of justice.”  Hence, the Court affirmed the trial court’s denial of plaintiff’s motion for a new trial.

Plaintiff, Harrison JC, LLC, a limited liability company, owned Unit 302 in Harrison Bridge Plaza, a 4-story condominium with commercial units on the first floor and residential units on the remaining floors.  Plaintiff Harrison bought the unit in February 2010 and had leased it to various tenants.  The unit experienced water seepage and leakage from the ceiling of its unit on 11 occasions from April 2014 through March 2021.  Plaintiff sued the unit owners above its unit, as well as the condominium association, HB Association, and Patrician Associates Management, the manager of the condominium association for the damage resulting from the leaks.  The issue in Harrison JC, LLC v. Harrison Bridge Plaza Condominium Association, 2024 N.J. Super. Unpub. LEXIS 1895 (App. Div. Aug. 7, 2024) was whether the plaintiff could pursue its claim for property damage from the water seepage and leakage without the retention of an expert.

The units above the plaintiff’s unit were owned by Claudia Santos and Joel Costas, Unit 401, and Ying Zi Zhu, Unit 403.  Per the Master Deed, unit owners’ responsibilities were limited to the interior of the walls, ceilings, and floor surfaces of their units.  The common elements, including roofs, parking lot and lobby, were owned and controlled by HB Association and were managed and maintained by defendant Patrician under a contract.

Plaintiff Harrison filed a lawsuit, claiming that it suffered property damage, loss of rental income, and out of pocket expenses when its unit experienced water seepage and leakage from the ceiling of its unit.  It is undisputed that the leaks happened and that all but the final leak was repaired.  Plaintiff claimed that the leaks originated in either Unit 401, Unit 403, or the common elements of the building.  It sued HB Association based upon negligence and its duty to maintain and repair the common elements of the building.  It sued Patrician based upon a breach of a contractual obligation to maintain and repair the common elements of the building and, last, it sued the unit owners for negligence for creating or failing to repair the leaks in their units that damaged plaintiff’s unit. 

However, plaintiff failed to retain an expert to offer any opinion with respect to the cause or origin of any of the leaks. At the close of discovery, all defendants filed for a summary judgment.  They argued that plaintiff was unable to establish liability without an expert opinion.  Plaintiff, in opposing the motion, argued that an expert opinion was not necessary under the doctrine of res ipsa loquitur.

The trial court granted summary judgment to each of the defendants.  It found that plaintiff was unable to establish liability without an expert report and found the doctrine of res ipsa loquitur did not apply to plaintiff’s claims and that “the jury could not be left to speculate as to the cause and origin of the leaks and whether defendants’ negligence was the cause of damage to plaintiff’s unit.”

This decision was appealed.  Plaintiff argued that the court should have taken judicial notice that water flows downward, and water does not normally come through the ceiling of a residential unit unless there is some defect or negligence in the area above the unit causing the leak and that the doctrine of res ipsa loquitur should have relieved plaintiff of its obligation to produce an expert report to prove negligence as to HB Association and Patrician.

The Appellate Division noted that the doctrine of res ipsa loquitur, if properly evoked, would enable a plaintiff to make out a prima facia case of negligence by allowing for the inference of negligence from undisputed facts.  However, the doctrine would only be applicable where “(a) the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality was within the defendant’s exclusive control; and (c) there is no indication in the circumstances that the injury was the result of the plaintiff’s own voluntary act or neglect.”  Finally, the doctrine would not be applicable where the injured party fails to exclude other possible causes of the injury.

The Appellate Division agreed with the trial court decision that the doctrine of res ipsa loquitur was inapplicable to the facts of this case.  The Court found that “it is not within the common knowledge of the average juror that the acts of HB Association and Patrician, as the entities with control of the common elements of the building, were more likely than not the cause of the leakage in plaintiff’s unit.”  The Appellate Division found that without expert testimony to opine as to the origin and cause of the leaks, “jurors would be left to speculate as to whether HB Association and Patrician’s conduct negligently caused damage to plaintiff’s property.”  Finally, the Appellate Division noted that the design and maintenance of this condominium and the origin and cause of leaks in the building would not be matters within the ken of the average juror.

Further, the Court found that the plaintiff failed to produce evidence of the location of the leaks in its unit.  The leaks could have derived from the common areas, the units above Plaintiff’s unit, or from plaintiff’s unit as a result of acts by plaintiff’s tenants.  The Court found that expert testimony was necessary to prove that the leaks originated in an area within the exclusive control of HB Association or Patrician.  Without such expert testimony, a jury could not exclude plaintiff or its tenants as the negligent actors in causing the leaks without engaging in speculation.

Thus, the Appellate Division agreed that the doctrine of res ipsa loquitur was inapplicable to the plaintiff’s claim.  Because the plaintiff did not produce an expert report to offer an opinion as to the cause or origin of the leaks, the Appellate Division affirmed the trial court decision, dismissing the lawsuit.

Capehart Blogs

Subscribe to Blog Updates

Categories