Personal Injury
New jersey slip and fall sidewalk primer!— Did the homeowner Create or Exacerbate a hazardous condition that caused injury? I fall on my neighbor’s icy sidewalk. Can I sue them?
Perez v, Bator, New Jersey Appellate Division December 19, 2017 Have you slipped on an icy sidewalk between two of your neighbors? Who’s at fault? What is the residential sidewalk immunity in New Jersey for snow and ice? Did the homeowner “CREATE OR EXACERBATE’ THE DANGEROUS CONDITION that caused the injury in question? The facts…
Read MoreSlip and Fall – Broken Leg at Children’s Birthday Party
Osie-Amoake v. Staffers FEC This is a very straightforward slip and fall case when the plaintiff fractured her leg at her son’s four-year-old birthday party. The plaintiff and her family went to the “Foam Frenzy” amusement attraction at a FunPlex owned by defendants. Defendant asked the court, on summary judgment to dismiss the case because…
Read MoreWhat can you say in a car accident closing?
Are you able to make reference to an insurance company? Can you even use the word insurance? How far can your attorney push? Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the jury returned a $336,000 verdict against the defendant in a personal injury car accident case. The defense attorney arguing…
Read MoreIf I am Injured in my Apartment, is my Landlord Legally Responsible?
Have you been injured in an apartment you are renting? Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark What is the landlord responsible for if you were injured in the apartment. In this case the plaintiff was sitting on the porch when a piece of wood from a porch ceiling fell causing injury. The…
Read MoreHave you slipped and fallen on cracked surfaces, wet surfaces on a commercial property???
Have you slipped in your apartment complex? Here is another slip and fall case dismissed by the court. These are not simple cases! You must have your evidence in order prior to filing suit in order to survive your case being dismissed. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the…
Read MoreHave you slipped and fallen at a commercial tenants property?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Commercial slip and fall are very difficult cases and need a lot of preparation in order to be successful. In this day and age there are videos located almost at every turn in every supermarket or commercial promises and manage rented least or maintain by nationwide…
Read MoreWhy Did My Expert’s Opinion Cause My Case to Be Dismissed?
31-2-3476 DiGiovanni v. Saker Shop Rites, Inc., N.J. Super. App. Div. (per curiam) (21 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Experts are used quite often in both civil and criminal cases. When scientific, technical, or other specialized knowledge falls outside the common knowledge of an average juror or even judge, an…
Read MoreDo Gym Waivers Actually Mean Anything?
31-2-3451 Torres v. Krank, LLC, N.J. Super. App. Div. (per curiam) (9 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. At some point, everyone has signed some kind of waiver and release form. Often times these forms are used at gyms, recreational associations, etc. These waivers can be enforced if the right language…
Read MoreResidential Owners Owe No Duty to Clean Sidewalk of Snow and Ice
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. 31-2-3452 Valentine v. Almanzar, N.J. Super. App. Div. (per curiam) (9 pp.) In New Jersey, residential owners do not have a legal duty to clear snow or ice from a public sidewalk, and the failure to do so does not expose them to tort liability. However,…
Read MorePower Walkers: Beware of Sidewalk
Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark. 31-2-3413 Buehler v. Twp. of Montclair, N.J. Super. App. Div. (per curiam) (7 pp.) For all of those who enjoy exercising on your neighborhood sidewalk, this case is for you. We’ve all seen uneven sidewalk before, but if you trip on it, can you hold…
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