Certainly when Patricia Gike rented her long-time handyman a room for two nights in Freehold, New Jersey she did not expect to bear liability for his negligent actions, which then led to a fire. Joseph Michael Wood was Ms. Gike's handyman; one afternoon he had a seizure on Ms. Gike's property. She rushed him to the hospital and when he was told that he needed to stay locally for a few days to have a follow-up medical appointment, Ms. Gike altruistically offered to rent him a hotel room.

Ms. Gike merely paid for the room, she never entered it nor did she obtain the key. However, under state regulations that govern hotels and multiple dwellings, Gike is considered an occupant of the room and, therefore, could be held liable for the actions of her guests. Mr. Woods brought a gas can to the hotel room so he could huff the gasoline. He was also smoking a cigarette in the room. He proceeded to accidently knock the gas can over, and his lit cigarette started a massive fire that caused significant damage. The hotel brought a civil suit against Ms. Gike for the damage.

A Monmouth County Superior Court Judge ruled in favor of the hotel, and found that Ms. Gike was automatically liable for the actions of Mr. Woods. The Court of Appeals affirmed that Ms. Gike was an occupant of the room under state regulations, but said that she may not necessarily be held automatically liable for the civil damages caused by Wood's negligence. This case is remanded back to Monmouth County Superior Court to rule on the issue of whether or not Ms. Gike will be found liable for Mr. Woods' negligence.

This is a reminder to everyone that rents a hotel or motel room to be mindful of the way you and your guests treat the space. By signing your name to the bill you not only assume the cost of the room but also the liability if anyone should destroy it. If anything like this has happen to you, you should contact a civil trial lawyer immediately.

A recent flurry of commuter or tour bus accidents raises various issues with regard to passenger rights and obligations after the accident occurs. Specifically, there are issues concerning notice requirements and medical bills that a layperson may not be aware of after being involved in such an accident, but that an attorney would.

As you may know from our website or prior blogs, any time an individual is injured in a motor vehicle accident, that persons' automobile insurance coverage will be responsible to pay for that person's medical bills as long as they are reasonable and related to the motor vehicle accident. However, most, if not, all motor vehicle insurance policies will have a specific exclusion of medical bills incurred as a result of injury while you are being transported in a bus or other livery conveyance. Accordingly, if you are injured in a bus accident, it may be most prudent to attempt to have your medical bills paid by your automobile insurance carrier and, when declined, utilize your primary health insurance coverage. If you do not have health insurance, it is important to seek legal advice so that an attorney may determine whether or not the insurance coverage on the bus has policy provisions, which would pay for medical bills in the event of personal injury sustained in an accident.

In any event, should you have any questions concerning the payment of medical bills after being injured as a passenger on a bus, you should contact an attorney that has experience in personal injury and insurance coverage.

In addition to issues concerning medical bills, there may also be issues concerning notice requirements. For instance, if you are traveling on a New Jersey Transit Bus, New Jersey Transit is considered a subdivision of the State of New Jersey, and, as such, you would be entitled to place New Jersey Transit on notice within 90 days of your accident if you have sustained injuries and intend to sue.

Again, it is imperative that you contact an attorney immediately should you be involved in any accident of this sort and you suffer any sort of injury. Legal recourse presents various issues that require analysis in order to determine whether or not you are able to recover compensatory damages or coverage for medical care. Call an attorney who has the experience and the knowledge to help you get through the process.

The Supreme Court of New Jersey recently decided in the case of Marcinczyk v. State of New Jersey Police Training Commission that an agreement to waive any liability against a public entity is unenforceable as a matter of public policy. In Marcinczyk, the plaintiff was a police trainee and was mandated to attend a police academy for training. In applying for the police academy, Mr. Marcinczyk was required to sign a waiver which purportedly prevented him from suing the Police Academy for pain and suffering, medical expenses, loss of wages, injuries, permanent disabilities or pecuniary losses as a result of injuries or losses he may sustain during the course of his training or participation in the police academy. Of course, Mr. Marcinczyk was injured during the course of his training and commenced suit.

Although the Supreme Court of New Jersey recently upheld similar type clauses for private institutions such as health clubs and gyms, the Court refused to uphold such a waiver of liability when the beneficiary of such clause is a public entity. Specifically, the Supreme Court of New Jersey referenced New Jersey's Tort Claims Act, which is a statute enacted to permit injured citizens to seek compensation from public entities for negligence in "narrowly defined circumstances." The Supreme Court further reasoned that because a statute specifically allows for recovery of monetary damages under certain circumstances when there is negligence by a public entity or public entity's employees, it would be contrary to public policy to allow a contractual provision to bargain away the right to sue. The court further noted that the Tort Claims Act provides specific immunities to the public entity and as such, in throwing out the contractual provision, the court did not impose liability upon the public entity. The court merely remanded the case back to the trial court for purposes of determining if any of the specific statutory immunities applied.

As set forth on our website and in prior blogs, the Tort Claims Act provides specific immunities to public entities where injuries occur as a result of that public entity's negligence. In our view, the court's decision here was a correct one, in that New Jersey's legislature has already dealt with liability of public entities through the enactment of the Tort Claims Act. If you have any question as to whether or not you are legally entitled to sue a public or private entity for negligence, consult a skilled attorney immediately in order to protect your rights.

A man who was left in the Pacific Ocean while scuba diving recently was awarded $1.68 million by a Los Angeles County jury. The California man filed a lawsuit against the scuba diving charter company that negligently left him in the ocean approximately 12 miles offshore. The claim revealed that the charter boat left him at the first dive site and then proceeded to a second dive site approximately 7 miles from his location in the water. Fortunately, a passing boat later picked him. This situation, unlike the situation in Open Water, turned out to be a happy ending in that he was ultimately rescued. The man's ordeal lost at sea lasted approximately 3 hours.

In that New Jersey is a shore state bordering the Atlantic Ocean, it would not be far fetched that such an incident could occur in the waters off New Jersey. Clearly, any charter boat or dive company has a duty and obligation to ensure all of the divers it brings out are fully accounted for before returning to shore or moving onward. In this regard, it is incumbent upon such companies to have an accounting system in place as a way to account for those that have gone overboard and under the surface. In our opinion, the failure of a charter company to have such an accounting system would not only constitute negligence but gross negligence which would most likely warrant punitive damages.

If you or members of your family are injured or mistreated by a charter company, diving, boating or otherwise, or left at sea or in the wilderness, it is important to contact an attorney to determine the extent of your rights.

The mother of a 9 year-old boy killed at Disney's Fort Wilderness Lodge in April of 2010 has now filed a Wrongful Death suit against Walt Disney World Parks and Resorts. This suit is the result of a fatal accident that occurred when the boy was killed by a Disney Transportation Bus while riding his bicycle. The facts of this case reveal the importance of performing an investigation into an accident early on, in order to potentially preserve evidence and generate specific legal theories.

In April of this year, a 9 year-old boy, whose family was staying at Disney's Fort Wilderness Lodge, was operating his bicycle on a service road to the Lodge when he apparently struck the side of the passing Disney bus and was pulled under its rear wheels. Investigation at the time by the Florida Highway Patrol and Disney World revealed that the bus driver was not at fault, and that the bicycle's flat tire caused the child to strike the side of the bus. Many passengers on the bus corroborated the version of events, which showed that the boy actually rode his bicycle into the side of the bus.

At first glance, neither Disney World nor the bus driver should bear any liability for this accident. According to all accounts and versions of the accident, the front of the bus passed the boy on the bicycle safely, and the bus wasn't traveling at an improper speed. However, investigation by the family's attorney revealed that in the area where the accident occurred, there were inappropriate sidewalks or pedestrian paths despite the fact that it was a highly traveled pedestrian and bicyclist area. The family's complaint filed with the Court stated that pedestrians utilizing the area are required to step off of the sidewalk and onto the roadway or even unpaved wetland areas to avoid vehicular traffic. Further, the sidewalks and roadways were improperly designed, due to the fact that railings and steep gullies stop pedestrians and bicyclists from leaving the roadway. Thus, the lawsuit focuses not on the conduct of the bus driver but on the condition of the roadway and sidewalks.

Without the experience of a qualified personal injury attorney, such investigation following this fatal accident may not have come up with an appropriate legal theory and the boy's family would not have been able to be compensated for the boy's conscious pain and suffering and ultimate death. Clearly, the family's rights and interests are being protected and pursued due to the experience and expertise of their attorney. If you think you may be in a situation where you have been in an accident and further investigation may be warranted, contact an attorney immediately.

A recent unreported New Jersey Appellate Division decision reveals that a breach of a duty of care does not always give rise to liability in a negligence claim. In Ocampo v. Famco, the Appellate Division rejected a plaintiff's case wherein a sleepwalking 16 year old fell out of a 2nd story window with a nonfunctioning lock, finding that it was not reasonable for a jury to conclude that such an accident was foreseeable under the circumstances.

A viable cause of action based in negligence requires the following elements: 1. a duty to the plaintiff; 2. the breach of a duty; 3. proximate causation; and 4. damages. In the case involving the 16 year old, there is no doubt that the defendant landlord had a duty to properly maintain the subject apartment, including the window lock. Further, there was no question that the defendant landlord failed to comply with this duty by failing to ensure that the lock was functioning. Unfortunately, the plaintiff was unable to show proximate causation. Basically, under New Jersey law, proximate causation is based, in part, on the foreseeability. In this regard, an injury or damages will not be considered "proximately caused" by another's breach of duty unless a jury can conclude that such damages are "reasonably foreseeable" under the circumstances.

In the above referenced case, the Appellate Division found that because the youngest person residing in the apartment was 16 years old, a jury could not possibly conclude that one would fall out a second story window due to a nonfunctioning lock. In other words, the Appellate Division concluded that it was not foreseeable that someone 16 years older would fall out of 2nd story window due to a nonfunctioning lock.

We disagree with the Appellate Division's holding in this regard! It is just as foreseeable that an "incapacitated" 16 year old could fall out of a 2nd story window as a two or three year old child. "Incapacitated" could include a sleepwalker, a mentally incapacitated person, or someone on prescription or over the counter medication, or under the influence of alcohol or illegal drugs. Is it not foreseeable that 16 year old, who is the youngest resident in the apartment, could be incapacitated under one of the above theories? We think so. Would the landlord be responsible if the neighbor's 3 year old had fallen out of the window instead? We think so. In our view, what is and is not foreseeable, as far as issues of proximate cause are concerned, should be left to the sound discretion of a jury, and as such, we believe the appellate division erred in dismissing this plaintiff's case.

In these types of cases, only an expert, experienced attorney should be retained in order to protect your rights and pursue your interests to the fullest extent the law allows, and to get the justice you deserve.

Over 500,000 Do-It-Yourself Books have been recalled by the publisher, Oxmoor House Home Improvement, due to the inclusion of improper wiring instructions in a recent edition that could lead to personal injury or significant property damage. The Consumer Products Safety Commission announced the recall for various books sold nationwide in the U.S. between 1955-2005. Apparently, if properly followed, the faulty wiring instructions could cause serious electric shock or shorting of electric circuits thereby causing fire.

Obviously, in the case of recalls, it is important to ensure that you, as a consumer, remove the faulty items, such as books, cars, toys, etc., from your home or otherwise have the faulty items repaired so as to avoid serious personal injury or serious property damage. Often times, such recalls are brought to the attention of the Consumer Product Safety Commission through litigation, wherein a plaintiff claims serious injuries or serious property damage resulting from a defective item.

Obviously, as set forth on our firm's website and in prior areas of our blog, the manufacturers of any item put forth into the stream of commerce have a duty to ensure that the items are safe and fit for its intended use and purposes. In this case, the "product defect" lay within the pages of a handyman's do-it-yourself book, and wouldn't cause damage to anyone unless and until the end user followed the specific faulty instructions. However, despite the fact that the "product" itself, the book, was not in any way defective in a way that caused injury, the instructions contained therein were, and as such, the product was defective.

If you believe you are in possession of a defective product, whether it is defective by design or manufacturing defect, it is important firstly, to seek treatment if you or someone close to you was injured as a result of that product. Property damage should be documented and photographed. Of course, you should immediately preserve the product for inspection by an attorney or an engineer to determine whether any such injury or damage was caused by the product itself or its misuse. It is crucial that an attorney skilled and experienced in this area of law be sought immediately if you may have been injured or suffered property damage as a result of a particular product.

A recent trend has come to our attention in the realm of motor vehicle accident settlements. More than one of our clients, upon initial consultation for personal injuries related to a motor vehicle accident, has advised us that they have received and cashed checks from the other person's motor vehicle insurance carrier prior to meeting with us. These checks are generally in the $250.00 to $500.00 range. Importantly, although our clients are being told that the small payments are being provided to them for medical co-pays and deductibles, our close review of the documentation provided with the checks has revealed that the checks are being provided in exchange for a full and final settlement of any and all personal injuries.

The clients that have approached us with these checks were shocked to find out that they may have jeopardized their right to collect full and complete compensatory damages for their pain and suffering, disability and impairment, and loss of enjoyment of life by merely receiving, acknowledging and cashing these small checks when they were specifically told by the insurance companies that the checks were being provided to them for their medical co-pays and their deductibles. In this regard, New Jersey law provides that a tortfeasor will not be responsible for any medical co-pays and/or deductibles in a motor vehicle accident. As such, it is clear to us that these insurance companies were clearly misrepresenting the facts to our clients for purposes of fraudulently entering into a settlement agreement.

Fortunately, after our involvement, a majority of the insurance companies have "backed away" from their position that the case has been settled and will allow our clients' remaining personal injury claims to go forward. More astoundingly, at least one insurance company has refused to back off their position and we are presently looking into filing suit against them and all of the insurance companies that have engaged in this practice as a result of their engaging in fraud, deceit and violation of various New Jersey statutes concerning Fair Settlement Practices.

In light of all of the above, it is especially important that, if you are involved in a motor vehicle accident, you do not sign any paperwork provided to you by the other driver's insurance company, or cash any checks provided to you by them, before speaking to a lawyer qualified in the area of personal injury litigation. While generally checks payable to body shops for property damage and checks payable directly to you for vehicles which have been totaled as a result of the accident are safe to sign and/or deposit, we suggest speaking to an attorney first.