Smith + Schwartzstein
Located In Morristown, NJ and New York, NY
973-532-2962

Morristown New Jersey Personal Injury Law Blog

Tips for staying safe while you and the kids trick or treat

It shouldn't surprise anyone to learn that Halloween is one of the most dangerous days of the year for pedestrians. The combination of more people walking on or near the road after dark and people driving to and from parties with alcohol in their system is a deadly one.

Children are at particular risk on this holiday. According to the Centers for Disease Control and Prevention (CDC), the risk of being hit by a car quadruples for children on Halloween. When Halloween falls during the week, many parties are held the weekend before. However, some neighborhoods hold child-centered Halloween events on the weekend as well.

Assault and battery personal injury claims

As technology has improved, so has the ability to apprehend criminals and prove injury claims. Just as a dashboard camera can point to an at-fault driver in an automobile accident, an ATM camera may identify the culprit behind an assault and battery incident that leaves a victim with severe injury.

Common mistakes that leave proprietary information unprotected

Too many business owners neglect to take the necessary steps to protect their proprietary information. Often, they don't realize just how valuable this information is and how risky it can be if it gets into the wrong hands or becomes public. Taking legal action after such information has been disclosed is more difficult if there was no legal document in place to protect it. It also won't undo the damage that's already been done.

One of the most common errors that business owners make involving their proprietary information is not requiring the appropriate people to sign nondisclosure agreements (NDAs) and similar contracts before they begin work or any information is disclosed to employees, contractors, consultants, vendors and anyone to whom you disclose or give access to proprietary information.

Truck driver cited in New Jersey crash that sent 4 to hospital

Crashes involving tractor-trailers and other large trucks can be extremely dangerous to people in smaller vehicles that are involved in the collisions. However, anyone in the vicinity can be in peril as well.

A crash on Sept. 7 in Rochelle Park, New Jersey, between a tractor-trailer and a car resulted in four injuries and sent concrete chunks into a third vehicle. The collision occurred on Route 17 just after 9:00 a.m. Both the tractor-trailer and the car, a Honda Civic, were traveling north on the highway when they collided. The truck then hit a concrete divider, which broke apart. That's how concrete ended up flying into the third vehicle.

Who can be sued for construction defects?

Lawsuits over construction defects can be complicated. There are a number of individuals and entities involved throughout the process of erecting a building — architects, engineers, developers, contractors, subcontractors and suppliers.

Plaintiffs must determine which of these is responsible for the defect and require them to fix it and pay damages. Of course, defendants may disagree with that assessment and place the blame on someone else involved in the construction or renovation of a property.

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."

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