A person injured due to the negligence or intentional acts of an intoxicated individual is not limited to seeking damages from that intoxicated individual. In situations where the intoxicated individual was served alcohol while visibly intoxicated or was served alcohol while a minor, an injured person has recourse against the establishment that served the visibly intoxicated individual or minor. [Read more…]
The federal government calls texting a “dangerous epidemic” on our nation’s roads. And when a truck-driver is the one distracted, the danger is especially great. Recently, the state of New York enacted a law to reduce texting behind the wheel by truckers and help prevent fatal truck crashes. [Read more…]
By John J. Megjugorac
This month the Ginarte Law Firm has signed up to participate in a food drive that will benefit the local New Jersey community. The food drive will be administered through the Community Food Bank of New Jersey. In this difficult economic time, hunger continues to affect millions throughout the State of New Jersey. According to the Community Food Bank of New Jersey: [Read more…]
One worker was killed and two others seriously injured when a welding accident happened just after midnight in Washington D.C. According to WJLA, the accident happened while five major railway stations were shut down in downtown Washington for major rebuilding. [Read more…]
A twelve-year-old boy was recently killed as he bounced his ball outside his Brooklyn home. According to Streetsblog.com, Samuel Cohen-Eckstein was hit by a van as he ran into the street to retrieve his ball. In an odd twist of fate, his parents had repeatedly spoken out about pedestrian safety issues in the area over the past few years. [Read more…]
By James P. Krupka, Esq.
While compensatory damages are intended to compensate a litigant for injuries suffered due to a defendant’s misconduct, punitive damages serve a wholly different purpose; that is, to punish a wrongdoer and deter the wrongdoer from engaging in similar wrongful conduct in the future. Punitive damages are not awarded in routine matters; rather, they are awarded in exceptional cases where a party has acted in a particularly egregious or outrageous manner. In addition, punitive damages are only available if compensatory damages have been awarded. An award of nominal damages will not support an award of punitive damages. Furthermore, with the exception of certain environmental claims and discrimination claims, there is a statutory cap on punitive damages that is either five times the amount of the compensatory damages awarded or $350,000, whichever is greater. [Read more…]
Seven people were injured in a recent three-vehicle accident in Linden that took out a utility pole and a gas pump. Fortunately, greater disaster was averted by the quick reaction of a gas station attendant who shut off the flow of fuel to the pump. [Read more…]
On September 10, Apple announced two new iPhones. The premium iPhone 5s sports a fingerprint scanning security system that Apple acquired and adapted from AuthenTec. Subsequently, the entire Internet rose up in a fury of protests, worries and paranoia. The objections include: what if someone lifts my prints and is able to access my phone; what if the government steals my fingerprints like the rest of my telephony metadata? [Read more…]
It is that festive time of year for children and adults: Trick or Treaters; Halloween parties; potential injuries. There are many ways people can be hurt on this holiday — candle fires, costume malfunctions and yes, motors vehicle accidents. Injuries to pedestrians from motor vehicle falls, burns, and other injuries are always of concern. Halloween however is associated with a higher incidence of these types of injuries, than other nights of the year. Falls are noted to be the leading cause of injury among children on Halloween. [Read more…]
A young child was struck and killed by a New York City motorist— the seventh such accident in 2013, according to StreetsBlog.org. The three-year-old was crossing Main Street in Flushing with her grandmother when a Nissan SUV struck her. [Read more…]
