For centuries, the law has recognized the concept of contributory negligence—the idea that someone who causes or contributes to his own injury may be limited in his recovery for losses. For many years, though, any proof of contributory negligence could be a total ban from recovery of damages. Because of the perceived harshness of this approach, and because many defense attorneys were successful in arguing some miniscule amount of contributory negligence to a jury, most states have replaced the … [Read more...]
Workers’ Compensation and Third Party Claims
With respect to many workplace injuries, the New Jersey workers' compensation laws are the exclusive remedy to obtain monetary benefits. This essentially means that workers may only pursue damages through this process. This is what is known as the "grand bargain," supposedly benefiting both workers and employers. Workers don't have to incur the cost and time involved in filing a lawsuit, and can have access to benefits much sooner. Employers don't have to risk a huge judgment by a jury … [Read more...]
Bus Accidents — What is the Bus Company’s Duty to Passengers?
In the aftermath of continuing safety concerns with the Megabus, the coach line out of Chicago offering cheap fares to more than a hundred cities, federal investigators have been forced to take a close look at the company's operations. It's also important to understand that, from a legal perspective, the owners and operators of the Megabus have a greater duty to take measures to ensure the safety of passengers than does an ordinary citizen. Under the law, the Megabus (and all other buses, … [Read more...]