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…

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Slip 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…

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Slip and Fall Primern – Osie-Amoake v. Staffers FEC

Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark. Appellate review of a ruling on a motion for summary judgment is de novo, applying the same standard governing the trial court. Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 405 (2014). Thus, we consider, as the motion judge did, “whether the competent evidential materials…

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Have 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…

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Why 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…

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Power 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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Plaintiff Must Prove Causation or Personal Injury Claim Will be Dismissed

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Robert Marquess v. Avalon Country Club, (App.Div. June 2, 2017) (10 pp.) A plaintiff’s slip and fall case was recently dismissed because he failed to prove the defendants’ negligence caused his injuries.  The Trial Court dismissed the plaintiff’s case on summary judgment.  The plaintiff appealed to…

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