Personal Injury
The Camp Lejeune Justice Act Signed Into Law
The Camp Lejeune Justice Act was finally signed into law this past month, giving those who may have been affected by the contaminated water at the camp a chance to achieve justice and compensation for the severe medical damages resulting from the contaminated water supply.
Camp Lejeune was a United States Military training facility in Jackson, North Carolina. The Camp was first established in 1942, covering almost 250 square miles. Unfortunately, it was found that the water supply at the camp was contaminated with VOCs, or volatile...
Read More....NJ Slip and Fall Victim Wins Appeal Against Supermarket
Slip and fall accidents can happen anywhere and they can happen suddenly without warning, in a survey the general population, and you will likely get a split opinion on grocery stores. For some, the weekly trip is a chance to plan the week ahead, stock up on delicious snacks, and save money by preparing home meals instead of eating out. For others, it’s a hassle, a time-suck, and a guarantee that a week later, an unopened bag of spinach will hit the garbage can at home. What people usually do not worry about are grocery store accidents....
Read More....The PREP Act and Wrongful Death Claims Against Nursing Homes due to COVID-19
You may be entitled to wrongful death claims if you have recently lost a loved one due to a hospital or nursing home’s failure to enact safety protocols to protect against COVID-19. Because of the Public Health Emergency declaration by the U.S. Department of Health & Human Services (“HHS”), initially declared on January 31, 2020, and subsequently renewed most recently on October 15, 2021, the answer to this question has become fairly complex.
Ordinarily, state law (as opposed to federal law) governs wrongful death claims. This...
Read More....New Jersey Slip and Fall Victim Strikes Out on Appeal
In the recent New Jersey Appellate Division case of Quejada v. ShopRite, the Court affirmed the dismissal of the slip and fall victim had a case and the personal injury plaintiff’s case against a supermarket.
The plaintiff in Quejada was approaching the cash register area of a ShopRite when she slipped and fell. The plaintiff did not notice anything on the ground that would have caused the fall but eventually realized that her clothes were wet after the fall. The plaintiff’s daughter, who was shopping with her, did not see the plaintiff...
Read More....New Jersey Personal Injury Plaintiff Barred by Tort Claims Act
The New Jersey Appellate Division’s recent decision in the case of Anthony v. Newark Housing Authority is a cautionary tale for personal injury victims injured on government property who fail to file a timely notice of claim. The NJ Tort Claims Act requires plaintiffs to file a “tort claims notice” within 90-days of an accident in which the government is a defendant.
The plaintiff in Anthony tripped and fell over a large gap in a sidewalk while walking through a residential complex owned and operated by defendants, breaking her leg. ...
Read More....Commercial Property Owners: Are You Responsible to Remove Snow and Ice During an Ongoing Storm?
Winter is right around the corner. It is not always clear during New Jersey winters when a storm may occur or how much snow, sleet, and/or ice will hit the ground. Sometimes it is predicted to snow less than an inch and we end up with a foot of snow or perhaps freezing rain. With winter conditions being so unpredictable, commercial property owners may have a difficult time determining when is the appropriate time to remove snow and ice or apply salt to the areas surrounding their properties.
Commercial property owners may be under the impression...
Read More....Can You File a Lawsuit If You Fall on the Boardwalk?
Summertime in New Jersey is full of people enjoying the sandy beaches and taking long strolls on the boardwalk. Many New Jersey beach locations offer boardwalks that can be fun for the whole family. Games, snacks, rides; everything to make a summer night unforgettable. Other things that might make your beach vacation memorable is that lifted wood plank that you tripped over, or the nail that poked through your flip flop. Unfortunately injuries do happen, even on the boardwalk.
Public entities are usually immune from liability meaning...
Read More....Aggravation of a Pre-Existing Condition in New Jersey Personal Injury Cases
Ever wonder why opposing counsel or your adjuster is fixating on your prior injuries, even those that you yourself have forgotten about? It is because an aggravation of a pre-existing condition, as opposed to causing a new injury, generally results in lower damages received by the injured party. Typically, this is due to the difficulty a jury may have in determining which party should be liable and how much of the injury was due to the subsequent accident.
There are different types of damages a personal injury claimant may recover, most...
Read More....Who is Liable When You Crash the Golf Cart?
According to the New Jersey Appellate Division, whether a man was negligent in permitting his 82-year-old father-in-law to drive a golf cart resulting in an accident is a question to be decided by a jury. In a recent case, the Appellate Division reversed summary judgment for the man who rented the golf cart, holding that a triable issue of fact existed as to whether he was negligent in letting an incompetent person operate the vehicle.
In that case, the defendant, Philip Capavanni (Philip), rented a golf cart at Beaver Brook Country Club....
Read More....No Recovery for Slip and Fall on Shampoo Due to Store’s Lack of Notice Defense
A Plaintiff who sues a store for injuries caused by a slip and fall on a spilled product must first show that the store knew of the spill or had a reasonable opportunity to discover and remedy the dangerous condition. In a case recently affirmed by the New Jersey Appellate Division, the court held that the three-minute interval between when one customer spilled a bottle of shampoo, and another slipped on it, was not enough time to give the store a reasonable opportunity to discover and remedy the spill.
In that case, the plaintiff, Beverly...
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