In a prior post on this blog (https://www.whelan-law.com/you-may-have-to-shovel-while-its-still-coming-down/), we reported the Appellate Division decision requiring property owners to start shoveling during a snowstorm to avoid the imposition of negligence for a falldown on the premises. That decision has recently been reversed by the New Jersey Supreme Court. Prior to the Appellate Division decision, landowners were …
If you have been hit and injured by a car while riding your bike, you first need medical attention as soon as possible. Some injuries may appear to be minor, but you need to see a doctor immediately as symptoms of internal injury or traumatic brain injury can appear long after an accident. Also, going to the …
Being involved in an accident can be traumatic. Being seriously injured in an accident can be devastating. Who do you turn to? An experienced personal injury attorney. During my many years of handling personal injury cases, I do not hesitate to provide complete support to all callers at my law office who have suffered in …
Our state Supreme Court recently issued two notable decisions in the field of personal injury law. First, it held that an employee’s fall at a volunteer event was covered by the worker’s compensation statute. The injured woman was a cook who volunteered to prepare meals at an event sponsored by her non-profit employer. Her injury …
In a recent unpublished decision, the New Jersey Appellate Division considered whether a hotel engaging an independent contractor had liability to the hotel for physical injuries he sustained on the job. The contractor had been hired to install sheetrock over skylights in the ballroom and paint the walls. Using his own ladder to spackle the …
HOTEL NOT LIABLE FOR INDEPENDENT CONTRACTOR INJURY Read More »
A cat or dog bite can be more serious than you think. Therefore New Jersey has a very strict procedure in place for animal bites and even minor scratches. What to do first if you are bitten? Get medical treatment. Infection is a serious risk, with thousands of cases of cat scratch fever occurring around …
In a recent reported decision, the New Jersey Supreme Court reversed the trial court approval of a settlement involving an accident victim who had a diminished mental capacity. It also reversed the Appellate Division‘s affirmance of that trial court decision. The plaintiff was working at the defendant‘s property when she was struck in the head …
The New Jersey courts have consistently held that a commercial property owner‘s obligation to keep sidewalks and other portions of its property free from snow and ice does not begin until a reasonable period of time after the snow has stopped falling. The idea is that the owner should only need to have the sidewalk …
You May Have To Shovel While It’s Still Coming Down Read More »
As I have stated in prior blogs, the owner of a location where an accident occurs is not automatically liable for the accident just because that accident occurred at that location. Rather, the accident victim and counsel must show that the owner had a duty that the owner breached. One primary duty is to keep …
In a prior blog, we discussed a New Jersey Supreme Court decision barring accident victims from recovering their medical expenses from the negligent driver causing the injury. The plaintiff in that case had chosen a $15,000.00 personal injury protection (PIP) limit on his insurance, and the Court stated that therefore, he was limited to recovering a …
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.