Back-to-School Liability Issues for New Jersey Small Businesses

Back-to-School Liability Issues for New Jersey Small Businesses

The arrival of September brings more than a change in season. For small businesses in New Jersey, the back-to-school period creates distinct liability concerns that owners must take seriously. Business operations shift during this time, whether through hiring seasonal help, hosting youth activities, or managing heavier retail traffic. Each of these changes carries risks that, if overlooked, can result in litigation.

Many small businesses hire high school or college students for after-school or weekend work. This practice provides valuable support but also exposes employers to the requirements of New Jersey wage and hour laws. The state imposes restrictions on the number of hours minors may work during school weeks, and these restrictions vary depending on the employee's age. Employers who ignore or misunderstand these rules risk penalties, back pay awards, and potential claims for wage violations. I have seen businesses caught off guard because they assumed the rules for minor employees were flexible when, in fact, they are strictly enforced.

Liability also arises in businesses that offer after-school programs, sports training, tutoring, or recreational activities. Whenever children are on the premises, the duty of care owed by the business increases. An injury in this setting, even one that seems minor, can lead to a lawsuit. Courts scrutinize the adequacy of supervision, the safety of the facilities, and the presence of proper waivers or releases. Without careful preparation, a business can face claims that threaten its survival.

Even businesses that do not directly serve children are affected by seasonal shifts. Retail stores see increased traffic during September as families shop for supplies and clothing. More customers mean more exposure to premises liability claims. A wet floor, a loose tile, or cluttered aisles can easily lead to a slip and fall. Plaintiffs’ attorneys often point to the increased traffic during seasonal periods as proof that the business should have anticipated and prevented the hazard.

Insurance coverage is another critical consideration. General liability policies may provide defense and indemnity for some of these risks, but exclusions and limitations can leave gaps. Businesses that expand services during the school year, such as hosting youth programs or offering after-school space rentals, should confirm that their coverage applies. I advise clients to review their policies with their broker before taking on new seasonal obligations.

The lesson for business owners is that seasonal changes are not simply operational. They carry legal consequences. By reviewing employment practices, maintaining premises, implementing waivers, and ensuring proper insurance, businesses can avoid exposure and protect themselves from costly disputes. In my experience, the businesses that treat September as a period of legal preparation, not just a commercial opportunity, are the ones best positioned to succeed.

For more information about your legal rights or to schedule a consultation, please contact the Law Offices of Peter J. Lamont at www.pjlesq.com, call 201-904-2211, or email info@pjlesq.com.

Contact us today to discuss your business or legal matter. Put our 20+ years of legal experience to work for you.

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For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at  info@pjlesq.com.

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About Peter J. Lamont, Esq.

Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.

Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.

As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals​.

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