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Albert Buzzetti & Associates, L.L.C.

New Jersey Legal Issues Blog

Delivery vans and accident liability

Under the laws of New Jersey and all other states, when a commercial vehicle driver causes an accident through negligence, and someone else is injured as result, the driver's employer as well as the driver may be held liable for the damages suffered by the injured.

This is an important aspect of personal injury and wrongful death cases involving truck accidents. However, it isn't always easy to apply this principles to the unique facts of a case. One of the first questions that comes up is: "Was the driver an employee?"

What is negligent entrustment?

Negligent entrustment is a legal theory that allows the injured to hold car owners responsible for damages caused by someone who was borrowing the owner's car at the time of the accident. To explain why this is important, first let's discuss negligence in general.

Put simply, negligence is a way of holding people responsible when they hurt someone else through their own carelessness. In a car accident case, a court finds that all drivers have a duty to other people on the road to exercise reasonable care in order to minimize the risk of an accident. When they breach this duty of care, causing injury to another person, the negligent driver can be held liable for the injured person's damages. Damages can include purely economic things like medical bills, lost wages, as well as noneconomic damages such as pain and suffering.

Wage-and-hour lawsuits on the rise

In the past few years, the news media have reported on a number of wage-and-hour lawsuits against prominent business, including Walmart and Amazon. Meanwhile, the ride-sharing service Uber is in litigation over accusations that its drivers should be classified as employees rather than independent contractors.

These issues don't affect just large, household-name companies. Many small businesses run into trouble over their labor practices every year. No doubt there will be more cases next year, if a proposed new rule from the U.S. Department of Labor goes into effect mandating overtime pay for more types of employees.

For some, bedbug bites are a serious health risk

Whether you travel frequently for work or only take a rare vacation, you occasionally must stay in a hotel room. When you do, you expect the hotel’s manager to provide a safe, comfortable and clean place for you to rest and relax. If you awaken with bedbug bites, though, your stay may seem like something out of a horror movie. 

While statistics on bedbugs in hotels in New Jersey are hard to nail down, the National Pest Management Association reports that more than 95% of its nationwide members tackled a bedbug infestation during the last year. Of those who reported on exterminating bedbugs, 68% said they had worked in hotels or motels. Even though a bedbug bite may be a minor inconvenience for many, it can be more severe for certain individuals. 

What are the possible remedies for breach of contract?

A failure by one side to honor the terms of an agreement can spell disaster for a business, and so breach of contract is one of the most common claims in business litigation. But once a business has proven the other side breached contract, what can it do? What remedies are available?

The exact remedies available vary from case to case, depending on the terms of the contract, the relevant laws and the facts. However, there are certain types of damages that act as guides.

Three members of family killed, fourth injured in truck accident

Accidents involving large trucks can be much more deadly than typical collisions between two cars. Commercial truck crashes also raise legal issues that are different from the usual issues in motor vehicle accident cases.

Recently in New Jersey, three members of a family were killed and a fourth seriously injured when a large truck collided with their vehicle. Police said a gas tanker truck collided with the family's car at an intersection in Gloucester County, sending both vehicles off the road. A man and woman in their mid-40s and their adult daughter were apparently killed instantly. Their 11-year-old son was taken to an area hospital with injuries described as serious. The truck driver was treated for head and neck injuries.

We have helped many with New Jersey business litigation

When the government seeks to regulate the conduct of business, the results can be helpful or harmful depending on the regulations and the business to be regulated. Either way, assuming the regulations in question are legal and constitutional, it will be the duty of businesses to comply with them. This is especially true for recently enacted regulations, as governments often are keen to enforce them.

Not too long ago, we told you about some recent legislation from the New Jersey legislature. The law bans the use of non-disclosure agreements relating to claims of discrimination, retaliation or harassment. According to the law, these clauses are now unenforceable if they are in contracts executed after the law was enacted earlier this year. All employment settlement agreements must include a notice to this effect, according to the new legislation.

Brain injury after eye surgery yields $3.2M settlement

When a person makes the decision, with a medical professional, to go under for surgery there is always a risk. However, a medical provider, doctor and other medical professionals have the responsibility of educating a person about particular risks they could face when entering into surgery. Failure to do so can result in patient injury and the possibility of a personal injury lawsuit.

In Passaic County, a man was told he was considered low-risk for an eye surgery even though he had a risk of cardiac health issues. When he went under anesthesia, a type was administered that was high risk based on his condition and the monitoring equipment wasn't sufficient. This led to circulatory collapse which ultimately caused a serious brain injury due to lack of oxygen to the brain. Because of these and other factors, the man was awarded $3.2M from the defendants in a personal injury suit.

Protect your business with a well-drafted employee contract

When launching a new business, the setup work includes understanding laws and regulations, contracts and agreements.

One of the first documents you need is a well-drafted employee contract to ensure a good employer-employee relationship and protect your business.

New Jersey businesses may merger and acquisition issues

Whether you are a small, medium or large business it may be time to think of taking the step of undergoing a merger or acquisition. There could be many reasons for this. Maybe you finally have the capital to grow, maybe your competitor or your own business isn't doing well at the size it is or maybe another reason drives the change. Whether acquiescing or being acquiesced, your business has specific needs and you have questions. There are many things that may be relevant to you and your business at such a critical point.

The bringing together of two companies can happen by merger or acquisition. There are slight differences between the two, if a company is acquiescing a company that means they are enveloping that company into their own company. A merger on the other hand, is a more equal union with only some commonality of being a blended company.

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