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 law contains an extensive body of cases concerning who the responsible entity is when an injury occurs on a public sidewalk. Whether the fall occurred due to a negligently maintained sidewalk containing dangerous defects or the presence of snow/ice or other slippery substances, the analysis is essentially the same...
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...
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...
On January 18, 2022, Governor Phil Murphy signed The New Jersey Fair Conduct Act, allowing policyholders to pursue a private cause of action against their insurance company when the insurer unreasonably delays or denies uninsured (UM) / underinsured (UIM) motorist claims.
Under the new law, an insured individual claiming UM/UIM benefits may now file a civil lawsuit against their insurance company if the company...
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.
On January 10, 2022, just before the conclusion of the 219th New Jersey Legislature, The New Jersey Insurance Fair Conduct Act (S1559/A1659) squeaked through both houses and now sits on the desk of Governor Phil Murphy.
The new law establishes a private cause of action for first-party claimants regarding certain unfair or unreasonable practices by their insurer. It continues to be hotly contested by the insurance industry...
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...
Whenever there is a car 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...
As we celebrate the joy of the holidays, we are grateful for the opportunity to work with each of our clients. Farrell & Thurman, P.C., wishes you and your family peace, prosperity, and happiness in the coming year. Happy holidays!