If you live or work in New Jersey or New York, you are likely no stranger to road construction. Road repairs, maintenance and new construction are beneficial in the long run, but ongoing construction poses a serious risk to both motorists and construction workers. Moreover, when a motorist or construction worker is injured it can be difficult to determine whose negligence caused, or contributed to, the injuries. [Read more…]
Conference Marks New York Construction Safety Week
Starting April 29 2013, experts in the construction industry will kick off New York Construction Safety Week with the 2013 “Build Safe/Live Safe” conference at the New York Marriott Downtown in Lower Manhattan. [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…]
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…]
Deaths, Injuries at Construction Sites Often Caused by Falls
A construction worker was injured recently when he fell four feet while hanging drywall at Margaritaville, a new beachfront resort and casino in Atlantic City, N.J., the South Jersey Times reported. The worker reportedly lost consciousness as a result of the fall. He was taken to a nearby medical facility for treatment. [Read more…]
Construction Accounts for Large Share of Workplace Deaths
Two construction workers at Marist College in Poughkeepsie, N.Y., suffered non-life-threatening injuries recently when a wall collapsed on them, YNN reported. The workers were taking down a curtain wall, which generally contains a building’s insulation and steel support beams. The two were stranded for 20 minutes before rescue workers were able to extricate them. [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…]
New Jersey Appellate Division Refines Criteria for Demonstrating a Dram Shop Claim
Over the past several decades, the general public has learned an enormous amount about the dangers of drinking and driving. In New Jersey accident victims involved in a collision with a drunk driver may have a cause of action against a licensed alcoholic beverage server who serves alcohol to a visibly intoxicated person pursuant to the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, N.J.S.A. 2A:22A-1 to 7, commonly referred to as the Dram Shop Act. The Dram Shop Act was “designed to protect the rights of persons who suffer loss as a result of the negligent service of alcoholic beverage by a licensed alcoholic beverage server while at the same time providing a balanced and reasonable procedure for allocating responsibility procedure for allocating for such losses.” N.J.S.A. 2A:22A-2. [Read more…]
Falling Objects Frequent Source of Construction Fatalities
A construction worker in Saratoga Springs, N.Y., was killed recently when a 1,700-pound pipe fell on him, WCBV in Boston reported. The worker was holding a guide rope as an excavator lifted a 40-foot pipe out of a flatbed tractor-trailer. At some point, the gigantic pipe became dislodged and fell eight feet onto the worker, who was crushed under the weight. The worker was rushed to the hospital where he was pronounced dead upon arrival. [Read more…]
New York Grapples with Pedestrian Accidents
Twelve pedestrians, including a mother and her 2-year-old child, were injured recently when a car jumped the curb in Brooklyn, New York. According to NBC New York, the Lincoln sedan crashed through a bus stop in East Flatbush and hit a sidewalk shed, which collapsed. The car’s driver and a passenger were also injured. [Read more…]
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