In a recent New Jersey Federal court decision, a homeowner was sued when a contractor’s employee was injured while using the contractor’s table saw in the course of remodeling the homeowner’s bathroom. The employee also sued the contractor and the saw manufacturer. The claim against the saw manufacturer was settled. The homeowner moved for summary …
The New Jersey Supreme Court recently declined an opportunity to expand the “mode of operation” doctrine in a case involving a slip and fall of a customer in a KFC outlet. It upheld the Appellate Division’s reversal of a $138,643 jury award against the restaurant, which it was alleged failed to maintain a wet floor …
If you are involved in a car accident, the other driver may claim that you were at fault. In our legal system, you are expected to operate your vehicle with reasonable care. If you do not, you may be considered to be negligent. Anyone claiming that you are at fault is obligated to prove that …
Is Using Your Cell Phone While Driving Negligent? Read More »
As we have said in prior posts, it is difficult to recover damages in a personal injury case against a public entity due to the New Jersey Tort Claims Act, which sets a high threshold for plaintiffs to clear in negligence cases. In a recent unreported decision, the Appellate Division upheld the trial court’s decision dismissing a …
A number of years ago, I defended an Elks lodge on a personal injury suit filed by a woman attending a Christmas party thrown by individuals who had rented the hall from the Elks. The insurance company for the lodge had gone into receivership and thus did not provide the lodge with a defense or an …
Earlier this year, I had the privilege of representing an auto accident victim who was 90 years young and very dynamic. (I hope I have as much going for me if and when I hit that age.) She was a passenger in a car that was struck by a car coming out of a shopping …
Insurance Policy Limits Obtained In Auto Accident Case Read More »
Pursuant to the New Jersey dog bite statute (N.J.S. 4:19-16), the owner of a dog who bites another person who is in a public place or lawfully in a private place, shall be liable for the damages which the victim suffers, regardless of the purported viciousness of the dog. In essence, the victim must prove …
Here are a few tips if you are involved in an automobile accident: Do not move your vehicle unless you are directed to do so by a police officer. Call 911. Do not leave the scene of the accident, which is a motor vehicle violation. Obtain the other driver’s information, including name, address and drivers …
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.
