Location: New Jersey
My mother used to own a small donut shop/café in New Jersey, which she closed about four years ago. She officially shut it down and moved to Florida around three years ago to pursue a better job opportunity.
Recently, she was informed that an old customer is suing her in New Jersey, claiming they got sick from food purchased at the café years ago, when it was still in operation.
We’re confused and concerned —
• Should she be worried about a lawsuit over something that happened so long ago?
• How can they even prove the illness came specifically from her store’s food?
• Why is the customer only taking legal action now, after such a long delay?
Also, since my mom now resides in Florida, but the lawsuit is being filed in New Jersey, how does jurisdiction work in this case? Will she have to travel back?
Any guidance on how to respond or what steps she should take would be greatly appreciated.
Comments
Did she have liability insurance at the time this allegedly occurred? If so, she should forward the complaint to her insurer and see if they’ll handle it.
Who informed her? Has she actually been served? NJ has a 2 year statute of limitations for personal injury so unless there is more to the story, I can’t see how this would be successful.
If she’s served she will need a local lawyer to respond and represent her.
First, in New Jersey, the statute of limitations for personal injury claims is two years. This means the claim is presumably dead before it even begins.
Second, the proper defendant to sue is the donut shop itself, not the individual owner – assuming the business was organized as a limited-liability entity like an LLC, rather than a sole proprietorship.
Finally, the responsibility for dealing with any potential claims will depend largely on the terms of the sales agreement and whether your mother specifically agreed to indemnify the new owners for pre-sale liabilities.
Depending on how they filed they may be past the statute of limitations for that type of case. Is it a small claims action or a superior court action? Remember that they will have to prove that they become ill from food that they consumed at her store, and show actual damages.
The best action is to contact the insurance she had at the time of the claim and forward the claim to them to provide legal defense and settlement. Consult with an attorney and see if they can file a demurrer with the court to dismiss the case, and also reach out to the plaintiff to see why they are suing.