The mere happening of an accident is not proof of negligence. McCombe v. Public Service Railway Co. 95 N.J.L. 187; Donus v. Public Service Railway Co., 102 N.J.L. 644. “Negligence is a fact which must be proved; it will not be presumed.” Id. [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…]
Manufacturers Can Be Held Strictly Liable for Defectively Designed Products
By John J. Megjugorac, Esq.
If you are injured by a product, it is critical that you seek out competent legal representation to evaluate whether a products liability action can be brought against the manufacturer of the product. At the Ginarte Firm, our attorneys have been practicing in the area of personal injury and products liability for over thirty years. Our attorneys have the knowledge and experience to successfully prosecute your personal injury claim, no matter the complexity of the case. [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…]
When Is A Governmental Entity Responsible for the Criminal Acts of Someone Who Causes an Injury?
In 2007, three individuals were killed in Newark, New Jersey in an incident which has now been labeled the Newark School Yard Shooting. It is the job of a personal injury attorney to determine if anyone, other than the criminals, are responsible for someone’s injury as a result of a criminal act. [Read more…]
Ginarte Law Firm Celebrates Cinco de Mayo
By John J. Megjugorac
On Sunday, May 5, the Ginarte Law Firm helped celebrate Cinco De Mayo at a festival held at Corona Park. The park is located in Flushing Meadows, Queens, New York. The Ginarte Law Firm help sponsor a tent where the public could meet several members of our staff and obtain more information about the law firm. The Cinco de Mayo festival was a perfect way for our law firm to interact with the local community and to celebrate our strong tradition of representing the Hispanic community. [Read more…]
Longshoremen and Third Party Claims Against Vessels
By John J. Megjugorac
In 1972, the United States Congress amended the Longshoremen’s and Harbor Workers’ Compensation Act (“LHWCA”) with Section 905(b) which provides in relevant part: “In the event of injury to a person covered this chapter caused by the negligence of a vessel, then such a person… may bring an action against such vessel as a third party….” 33 U.S.C. § 905(b). While the LHWCA establishes a complex workers compensation scheme which is the exclusive means of liability of employers to employees in the course of their maritime employment, §905(b) preserved the longstanding principle that longshoremen could bring a negligence action against a vessel. Indeed, longshoremen are typically employed as stevedores and not by the vessels themselves, thus there is no employer-employee relationship. [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 When The Sun or Fog Causes A Car Accident?
In 2013, close to 100 vehicles crashed along an interstate near the Virginia-North Carolina border. As a result of the accident, 3 people were killed and 25 were injured. Authorities are placing the blame for the accident on dense fog. [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…]
- « Previous Page
- 1
- 2
- 3
- 4
- 5
- …
- 9
- Next Page »