Lawsuit Claims Dangerous Parking Lot at Livingston Mall Caused Car to Sink, Leaving Family With Over $10,000 in Losses
A New Jersey shopping mall that has suffered with vacancies and falling foot traffic is in legal peril after a teenager’s car became stuck in a parking lot sinkhole. The mall’s ownership is being sued for failing to keep guests safe.
Livingston Mall owner Kohan Retail Investment Group was sued in Essex County. A local mother sued the mall, alleging that the mall’s crumbling parking lot damaged her teenage son’s car last summer.
In June, the adolescent was driving across the parking lot for an appointment at LensCrafters, one of the few remaining shops at the mostly empty shopping mall. An apparent pothole collapsed under the vehicle, forcing the front end to slide into a sinkhole, which authorities later recognized.
The automobile was stuck nose-down in the pavement in photos and video. Police blocked the damaged area with cones and caution tape and towed the vehicle. The family lost over $10,000 due to $4,800 in repair expenditures and $5,000 in resale value.
Overgrown weeds and deep, broad potholes plague the parking area, according to the mother’s complaint. She claims the property owner violated state and municipal regulations by failing to inspect, repair, or warn guests about harmful conditions.
The lawsuit and parking lot issue were not addressed by Kohan Retail Investment Group.
They tried to settle out of court, according to the family. The complaint states that a mall attorney said the issue could be resolved but did not follow up despite numerous attempts. The family took legal action.
This case hits the shopping mall hard. Essex County’s Livingston Mall debuted in 1972 and was a shopping hub. Years of retail closures have left much of the mall empty. Macy’s, Barnes & Noble, and LensCrafters are current tenants, but many national businesses have left in recent years.
Simon Property Group held the mall until 2020, when Kohan Retail Investment Group, a New York-based real estate investment group, bought it.
In October 2024, Livingston Township declared the site a “Area in Need of Redevelopment.” This designation permits municipal officials to plan long-term site renovation. Approximately 16 acres at the former Sears location have been approved for 376 housing units, but bigger redevelopment projects for the mall area have not yet advanced.
The lawsuit raises safety issues for older retail locations. New Jersey law requires commercial property owners to keep their facilities safe for guests. Courts often consider whether owners knew or should have known about hazardous circumstances and if reasonable steps were taken to fix or warn about them.
The incident shows locals the erosion of a renowned shopping destination. The plaintiff said she felt unsafe driving across the parking lot and lamented the mall’s decline.
Essex County’s legal process may bring renewed attention to the property’s condition and future plans. For now, the family wants reimbursement for financial losses they say might have been averted with appropriate parking lot maintenance.
The issue may affect the mall’s ownership and how failing New Jersey retail establishments manage safety and maintenance while awaiting redevelopment.
Sources
Essex County Court Filing
Livingston Township Official Redevelopment Designation Records
Police Incident Report Documentation
