People injured by the negligence of others are usually entitled to damages, subject to certain exceptions. One of the exceptions that often arises is the situation where a person is injured due to the alleged negligence of a charitable organization or its agent. [Read more…]
Summertime Accidents and Safety
Each summer, children and adults flock to oceans, lakes, pools and water parks. Unfortunately, unbeknownst to many individuals, they are exposed to great dangers. [Read more…]
Liability for Dog Bites
Owners and keepers of dogs should be aware that they are subject, in certain circumstances, to absolute liability for injuries sustained by others due to dog bites. Absolute liability may even apply in situations involving trespassers bitten by dogs. [Read more…]
Slip and Fall Accidents Raise Legal Issue of Whether Landowner Has Duty to Maintain Sidewalks
By John Megjugorac
As you may know, New Jersey imposes upon commercial landowners a duty to reasonably maintain the sidewalks abutting their property. Courts often look at whether the property should be classified as residential or commercial. Accidents that occur on sidewalks abutting residential property present substantial burdens on plaintiff. This is because as a matter of law a residential landowner does not have a duty to reasonably maintain their sidewalks. [Read more…]
Ginarte Law Firm Helps Refine Commercial and Residential Distinction
By John J. Megjugorac, Esq.
Slip and fall accidents are a very common type of case that our law firm handles. Many slip and fall cases take place on sidewalks. Injuries can occur because the sidewalk itself is in a state of disrepair or snow and ice may cover the sidewalk. [Read more…]
Halloween: A very scary holiday for injuries
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…]
Sidewalk Safety
According to the New Jersey Supreme Court, commercial property owners owe a duty to those walking on their sidewalks. Specifically, commercial property owners have a duty to maintain their sidewalks. Stewart vs. 104 Wallace Street, Inc. 97 NJ 146 (1991). [Read more…]
Recovering Damages for an Injury Caused On Public Property
If you have been injured due to the dangerous condition of property owned by the State, a county or a municipal or other local governmental body, you should know that these “public entities” are responsible for injuries caused by the dangerous condition of their property only in accordance with the terms of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. [Read more…]
The Duty of a Commercial Tenant to Maintain Sidewalks
By John J. Megjugorac, Esq.
In 1981, the New Jersey Supreme Court announced its decision in the landmark case of Stewart v. 104 Wallace Street Inc., 87 N.J. 146, 157 (1981) wherein the Court held “commercial landowners are responsible for maintaining in reasonable good condition the [public] sidewalks abutting their property are liable to pedestrians injured as a result of their negligent failure to do so.” The Stewart Court, found that the liability rule would (1) “provide a remedy to many innocent plaintiffs,” (2) “give owners of abutting commercial property an incentive to keep their sidewalks in proper repair,” and (3) “eliminate…arbitrariness.” Stewart 87 N.J. at 156. Two years later, the Supreme Court held that commercial landowners must take reasonable measures to remove ice and other hazardous conditions from its premises and abutting sidewalks and are responsible for conducting close inspections. Mirza v. Filmore Corp. 92 N.J. 390 (1983). In subsequent cases, sidewalk liability has been extended to commercial tenants. Antenucci v. Mr. Nick’s Mens Sportswear, Realty Assoc., 280 N.J. Super. 124, 128-30 (App. Div. 1986); Nielsen v. Wal-Mart Store No. 2171, 429 N.J. Super. 251 (App. Div. 2013). [Read more…]
Can a Commercial Entity be Liable for the Criminal Acts of a Third Party?
By John J. Megjugorac
New Jersey Courts have long recognized that commercial defendants have a duty to take reasonable precautions to protect customers, tenants and other persons on their premises from foreseeable criminal acts of third parties. Gonzalez v. Safe & Sound Security, 1856 N.J. 100 (2005); Butler v. Acme Markets, Inc., 89 N.J. 270 (1982). Courts have extended that duty to any parking lots associated with the commercial entity’s premises. Clohesy v. Food Circus Supermkts., 149 N.J. 496 (1991). [Read more…]