Smith + Schwartzstein
Located In Morristown, NJ and New York, NY

Morristown New Jersey Personal Injury Law Blog

Who owns 'work made for hire?'

If you're a painter, writer, musician or another type of artist, inventor or innovator, you may seek to copyright your work. This can prevent others from using it or profiting from it without your permission.

An exception to this is what's called "work made for hire." This is essentially any work that you create as part of your job. That's the case whether you're an employee of a company or an independent contractor who has been hired by a company to do work for them. In that case, any copyright for the work would belong to the company (or individual) that hired you.

Obtaining compensation for your loved one’s wrongful death

Losing a loved one can constitute a devastating tragedy. When you lose a loved one due to the negligence of another individual or company, you may want to seek compensation for your significant loss. Wrongful death cases in New Jersey involve determining who may bring a wrongful death lawsuit, whom is responsible for a death and what damages apply.

If you experienced the loss of a loved one and wish to file a wrongful death claim, it is essential that you hire an experienced attorney to aid you in developing a sound documentation and determining your required damages. New Jersey court works to give compensation to those eligible in filing a wrongful death claim and determine a sustaining amount of damage reimbursement. You do not have to fight alone for your damages during this difficult and emotional time, and an attorney can help handle all necessary procedures to give you the benefits you deserve.

Children's Advil recalled over error on dosage cups

When it comes to medications for children, even over-the-counter ones, administering the correct dosage is crucial. Even a bit too much of some drugs can potentially cause harm to a small, growing body.

That's why Pfizer has recalled some packages of its Children's Advil Suspension. According to the company, one lot of the liquid ibuprofen medication came with cups that were marked in increments of teaspoons even though the dosage chart on the label refers to milliliters. One teaspoon is equivalent to 5 milliliters.

Start Seeing Bicycles!

Start Seeing Bicycles!

Now that school is back in session, there are another segment of bike riders at risk. Therefore it's important for drivers, cyclists and parents to stay vigilant and to know the law regarding bike accidents. A collision between a bike and a car can cause significant injury. Therefore, it is important to be vigilant and know your responsibilities under New Jersey law.

A Refresher On New Jersey Bicycle Law

New Jersey statutes make clear that "every person riding a bicycle on a roadway is granted all the rights" of a motor vehicle. But drivers often fail to see bike riders or fail to give them a wide berth, and it's the cyclists who pay a heavy price in a collision with a two-ton car. And while the drivers feel badly when they injure someone, what if we could avoid those bike accidents in the first place?

Football isn't the only dangerous sport for kids' brains

The doctor who is credited with discovering the condition chronic traumatic encephalopathy (CTE) (and who was portrayed in the film Concussion by Will Smith) has some strong words for those who allow kids to play football. He says it's "the definition of child abuse."

However, football isn't the only dangerous contact sport for young brains, according to forensic pathologist Dr. Bennet Omalu. He believes that "there is no reason whatsoever that any child under the age of 18 should play the high-impact, high-contact sports."

Drafting binding nondisclosure agreements requires care

Many business owners are required to disclose information to employees and contractors that is necessary for them to have in order to do their jobs or that they may become privy to in the course of their work. However, if the information got out, it could harm the company.

Often this involves propriety information related to a unique product or technology that you don't want competitors to have. It may even include ideas that are still being kicked around and haven't come to fruition yet. It could also involve marketing information and client lists. Often, companies want to guard their financial information.

Tips for staying safe on your motorcycle when a sudden storm hits

If there's anything predictable about New Jersey weather, it's the unpredictability. Even a short motorcycle ride can begin in bright sunshine and end in a rainstorm. It's not just inexperienced motorcyclists find severe storms challenging, as veterans of the road can attest.

If a sudden storm hits when you're on the road, bikes need to decide whether or not to pull over and wait it out. It's best to do that before the rain starts coming down too hard.

How can you protect your business in case of divorce?

Whether your business has been in your family for generations or you've started your own enterprise, which you hope your children will carry on when you retire, it's likely crucial to your financial well-being and a big part of your identity.

Could that all be lost in a divorce? It depends. Fortunately, most New Jersey judges won't require a business owner to sell the company and split the value in a divorce with a spouse who's not a co-owner. The courts generally recognize the value of a business as a "going concern." That's an accounting assumption that a company will operate for long enough to fulfill its objectives and commitments.

Public transportation: Who do I sue if I’m injured?

While commuting to work on a public bus, the driver unknowingly runs through a red light and gets into an accident. Unfortunately, you suffer a serious head injury and wish to file a claim to provide for your medical expenses.

Filing claims against a public entity, in this case, New Jersey public transportation, proves tricky. Hiring an experienced attorney when bringing a claim against the government constitutes a crucial aspect of receiving compensation. You may receive significant payout if the accident proves to have been caused by the bus driver. Know that if you sustain injuries, you hold the right to file a personal injury claim against those who caused your injury.

Ford recalls over a half-million vehicles

When you put your car in park, you feel safe that it's not going to move. Unfortunately, that's not always the case with some Ford vehicles. The automaker has recalled over 504,000 of its Fusion sedans and Escape SUVs with model years from 2013 to 2016.

The issue is a faulty shifter cable bushing. Many people have never have heard of this part. However, the bushing, according to Ford, "attaches the shifter cable to the transmission." If the bushing becomes degraded and doesn't work properly, Ford states that it can "detach from the transmission" and "may allow the transmission to be in a gear state different than the gear shift position selected by the driver." In other words, the shift lever may be at park, but the vehicle really isn't in park and can roll away.

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