Personal Injury Posts

New Jersey Premises Liability: Who is Responsible

New Jersey Premises Liability: Who is Responsible

Common Law: Three Types of Visitors

Traditionally at common law, there are three categories of relationships between a landowner and a visitor. Each one requires something different from the landowner. Whether a fall occurred within a store, on the grounds of a business, or at a friend or acquaintance’s home, the first step will be to determine whether the premises owner owed the injured individual a duty of care...

New Jersey Supreme Court defines boundaries of the Mode of Operation Doctrine finding it not to apply to the sale of grapes in closed containers

New Jersey Supreme Court defines boundaries of the Mode of Operation Doctrine finding it not to apply to the sale of grapes in closed containers

The New Jersey Supreme Court ruled in a 4-2 decision that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.” Jeter v. Sam’s Club (A-2-21) (085880). The decision limits liability for injuries suffered due to a fall from a product spilled or dropped from self-service containers.

 

In the decision, the Court first defined the mode of operation rule as...

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

On January 20, 2022, the Appellate Division in the Estate of Dunmore v. Pleasantville Bd. of Educ., decided an issue of first impression: whether a parent’s tort claims notice for a Portee claim filed ninety-one days after a tragic shooting and eighty-six days after the child’s death was timely. Portee v. Jaffee, 84 N.J. 88 (1980) (referring to a claim for negligent infliction of emotional distress). Borrowing principles from N.J.S.A. 2A:14-2.1, the Appellate Division concluded that the claim was timely.

 

On November 15, 2019, the respondent, Angela Tennant, and her ten-year-old son, Micah Dunmore, were attending a high school football game at Pleasantville High School when an individual fired a gun into the stands...

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

If there’s one thing worse than being in a car accident, it’s finding out that an unforeseen issue may or may not prevent you from pursuing adequate compensation. You may be in pain, daily life activities such as housework, school, or work are now more challenging, and medical bills are piling up.

 

What happens if the other driver does not have any insurance or a minimal amount of insurance? What if you are an undocumented/illegal immigrant? What if your license is suspended or your insurance has lapsed? As every accident involves many factors, it’s hard to say how your specific situation will play out, but the following post aims to answer common situations generally.

Snow and Ice Accidents: What to Know About Car or Truck Accidents, as well as Slip and Fall Accidents Caused by Snow or Ice

Snow and Ice Accidents: What to Know About Car or Truck Accidents, as well as Slip and Fall Accidents Caused by Snow or Ice

Southern New Jersey experienced a tremendous amount of snowfall today, and we are again reminded that New Jerseyans are no stranger to winter conditions and the difficulty it presents in getting around, whether it be on foot or driving a vehicle. When winter conditions are a factor in a car crash, determining whether the crash was the fault of another party or just an accident can often be tricky. Likewise, where snow or ice is a factor in a slip and fall, it again can be challenging to determine whether the fall resulted from the pedestrian’s failure to observe conditions or the fault of another party for not properly clearing a walkway...

How to read a New Jersey Police Report and what to do if your car or truck accident report is incorrect

How to read a New Jersey Police Report and what to do if your car or truck accident report is incorrect

Whenever there is a motor vehicle accident, New Jersey law requires calling the police to report an accident. N.J.S.A. 39:4-130. This report will be used as the official description of the accident. While official, it may not be entirely correct or representative of what actually happened.

 

This occurs on countless occasions and for myriad reasons, whether you were shaken up and not thinking clearly, the officer misheard your statement or wrote down the wrong information, or the other party gave a false narrative of the happening of the collision. Whatever the reason is, it is crucial that you clear up any inconsistencies as soon as possible...

New Jersey's Most Common Types of Car Accidents and Common Resulting Injuries

New Jersey's Most Common Types of Car Accidents and Common Resulting Injuries

Motor vehicle accidents and resulting injuries are all too common in New Jersey. In fact, according to Zebra.com, the most dangerous highway in the United States is Interstate 95 (I-95), which runs right through New Jersey, and accounts for the highest number of overall fatalities (284) and fatalities per 100 miles (14.88).

 

Consequently, motorists are well-advised to drive carefully in New Jersey, especially when traveling on I-95. The following offers general information regarding the most common types of car accidents and the most common types of injuries that may result.

Who Pays My Medical Bills After An Accident? An Overview of NJ PIP Law

Who Pays My Medical Bills After An Accident? An Overview of NJ PIP Law

New Jersey’s car insurance system is unlike most other states in that the state utilizes a no-fault system. Contrary to many other states, medical bills are typically paid for by each individual’s own insurance. The system intends to provide injured claimants with speedy compensation of medical bills without the need to determine fault. Nevertheless, the no-fault system still has complicated features of its own...


New Jersey Car Accident Settlement Process, Timeline, and Frequently Asked Questions

New Jersey Car Accident Settlement Process, Timeline, and Frequently Asked Questions

What is a good settlement offer, and will I get more money if I hire a personal injury lawyer?

A good settlement offer is as much as you can get, and that is best achieved by hiring a personal injury lawyer. In fact, a study conducted by the Insurance Research Council indicated that people who have suffered bodily injuries in a car accident win 3.5 times more in settlement money than those who did not hire a personal injury attorney. The study additionally found that in eighty-five percent (85%) of cases where an insurance company settled an injury claim, the injured individual had hired an attorney...

DOWNLOADS

Miscellaneous



RECENT POSTS

Categories

SIGN UP FOR OUR NEWSLETTER

Newsletter

Stay up to date on the latest with Farrell & Thurman, P.C.

Email