It is no surprise that a substantial portion of the population take part in social media. After making a claim for personal injuries, a defendant may request access to an injured person’s Facebook account. Defense attorneys will do this to find out if the injured person’s claims are consistent with the plaintiff’s claims. [Read more…]
Does a Servicing Distributor Owe a Duty to a Plaintiff Injured By a Dangerous Machine?
By John J. Megjugorac, Esq.
It is undisputed that manufacturers may be held strictly liable for defective products that cause a plaintiff’s injury. That principle is a central concept behind products liability actions. However, what duty, if any, does a servicing distributor of a defective or dangerous product owe to a plaintiff injured by a machine? New Jersey Courts faced with this question have reached different results depending on the facts of the case. In Lally v. Printing Machinery Sales and Co., 240 N.J. Super. 181 (App. Div. 1990), the Appellate Division distinguished the duties of a manufacturer or rebuilder of a machine from those of an occasional maintenance or service provider. The Lally Court found that the latter had no duty to install safety devices or warn others of the potential danger in operating the machine without safety devices. Lally, supra at 186. In Lally, the plaintiff was injured while operating a machine that had been repaired by the defendant maintenance company. [Read more…]
Spinal Cord Injury: The Role of Caregivers and Ethical Choices in Long Term Care
The incident of severe spinal cord injury (Grade A or B level impairment) is life changing to the patient. Not only is it unlikely that they will be able to resume pre-injury employment and income but day to day self-care is compromised. Severe SCI results in significant assistive care for the individual for the duration of their lives, which can mean expensive comprehensive medical supports for twenty five years or more on average. [Read more…]
What Happens If You Are Injured in an Accident and the Defendant Destroys Evidence?
When someone destroys evidence, it is known as “spoliation of evidence.” This is defined by New Jersey courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Mosaid Techs., Inc. v. Samsung Elecs. Co., Ltd., 348 F. Supp. 2d 332, 335 (D.N.J. 2004).
[Read more…]
Evidence of a Party’s Prior Alcohol Consumption May be Excluded at the Time of Trial
By John J. Megjugorac, Esq.
Under New Jersey Rule of Evidence 403, relevant evidence may be excluded by the Court if its probative value is substantially outweighed by the risk of undue prejudice. The party seeking to exclude the evidence bears the burden of convincing the Court that the evidence should be bared under Rule 403. Rosenblit v. Zimmerman, 166 N.J. 391, 410 (2001). [Read more…]
Bicycle Accidents Are More Prevalent Than Many Think
The National Highway Traffic Safety Administration (NHTSA) reported that 51,000 individuals were injured while riding a bicycle. Six thousand people suffered serious incapacitating injuries in bicycle accidents. [Read more…]
What happens if you are injured by someone who files for bankruptcy?
When a person or entity files for bankruptcy, they are attempting to eliminate or repay some or all of their debts under the protection of the federal bankruptcy court. A lawsuit against a person or entity, for all intensive purposes, is considered a “debt.” [Read more…]
Can Your Statement to Your Insurance Company Be Used Against You in a Personal Injury Lawsuit?
After a car accident, most insurance companies contact their insureds to find out facts about how the accident happened. Many times, these statements are recorded. These recorded statements are often times the subject of motions between plaintiff attorneys and defense attorneys. Plaintiff attorneys want to obtain those statements and defense attorneys fight to prevent their disclosure. [Read more…]
Brain Injury More Common, Dangerous Than Many Realize
Approximately 1.7 million people suffer brain injuries each year, according to the Brain Injury Association of America. Many of those injuries transform the lives of victims and their families forever. The organization designated March as Brain Injury Awareness Month to help the public understand brain injuries, their causes and treatment. [Read more…]
Common Causes of Construction Injuries Include Cranes and Falls
Yet another crane accident in New Jersey sent a tree trimmer to the hospital with injuries recently. According to a news report, the accident occurred in Haddonfield when the crane toppled as it lowered chunks of a tree that was being removed from beside a home. A tree trimmer who was more than two stories up at the time was thrown onto the roof below. In addition, the operator of the crane was trapped inside the vehicle for more than an hour because a nearby power line was torn down and exposed. The operator of the crane was not injured; however, the tree trimmer suffered a fractured leg in the fall. The accident was being investigated by the Occupational Health and Safety Administration to determine whether any workplace safety regulations were violated. [Read more…]
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