A water company employee was fatally injured in a construction accident as he tried to repair a fire hydrant in Watchung, N.J., the Echoes-Sentinel reported. The man was knocked unconscious when the hydrant’s pipe burst. He was taken to a hospital but died of his injuries several days later. [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…]
Ginarte Law Firm Attends Soccer Match in Mexico City, Mexico
By John J. Megjugorac, Esq.
Mr. Ginarte, Mr. Gonzalez, and Mr. Guarda
On June 11, 2013, firm founder, Joseph A. Ginarte, Esq., partner Manny Gonzalez, Esq., and Claims Manager Roger Guarda attended a World Cup Qualifier Soccer Match. The match was between Mexico and Costa Rica. Neither side was able to score a goal. The match ended in a 0-0 tie. Held in Mexico City, Mexico, the match was a great opportunity for our Mr. Ginarte, Mr. Gonzalez, and Mr. Guarda to interact with the Hispanic community. [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…]
Landowners May Be Seen as General Contractors in Construction Site Accidents
By John J. Megjugorac, Esq.
Construction sites are inherently dangerous. Each year thousands of employees are hurt on construction sites across the nation. It is critical that construction site accident victims seek knowledgeable legal representation to help them obtain the compensation that they deserve. At the Ginarte Law Firm, our attorneys focus on New York/New Jersey construction site accidents. A critical area of a construction site accident case is assessing the role of the general contractor. [Read more…]
Memorial Day Accidents Claim Four Lives
According to www.nj.com, this past Memorial Day, four individuals were killed in motor vehicle accidents. The holiday season routinely brings about an increase in traffic and an increase in DWIs. [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).
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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…]
If you filed a lawsuit for a prior accident, will that make you look bad to a jury?
Some individuals go through life without ever suffering an injury as a result of someone else’s negligence. On the other end of the spectrum, some individuals are injured multiple times throughout their life. [Read more…]
New Jersey Escalator Accident Injures Five Commuters
Each day hundreds of thousands of people use the Port Authority of New York and New Jersey, or PATH, to get to school, work, or simply across town to visit friends. Last week, five of those commuters were injured in an escalator accident at the Exchange Place PATH station in New Jersey, reports the NY Daily News. [Read more…]