News & Analysis as of

Negligence › New Jersey

Stark & Stark

Slip, Trip, and Fall Accidents: What You Do Next Matters

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In my years representing seriously injured clients throughout New Jersey, I’ve seen just how devastating a simple slip, trip, or fall can be. A cracked sidewalk or uneven paver stones, a wet grocery store floor, or a poorly...more

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

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On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Mandelbaum Barrett PC

What is Considered a Catastrophic Injury in New Jersey Law?

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A car accident, slip-and-fall, or other incident can turn your life upside down when catastrophic injuries occur. These serious injuries go beyond sprains or fractures, leaving you out of work and with long-term or permanent...more

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

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Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

McCarter & English, LLP

Privilege Denied When Facilities Fail To Comply With NJ Patient Safety Act

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Two New Jersey healthcare facilities that violated the New Jersey Patient Safety Act, N.J.S.A. §§ 26:2H-12.23 to -12.25, (PSA), must provide plaintiff patients with internal reports and documents relating to adverse events,...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

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For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Mandelbaum Barrett PC

The Ultimate Guide to Distracted Driving Awareness in NJ

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At Mandelbaum Barrett PC, addressing distracted driving is a priority.  Distracted driving is any activity that diverts a driver’s attention.  This is a leading cause of car crashes in New Jersey and across the U.S. Thanks to...more

Tyson & Mendes LLP

New Jersey Nightclub Cleared from College Teen’s Fatal Accident

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After over four and a half years of litigation, a New Jersey judge dismissed a claim against a nightclub after a Rutgers University student was fatally struck by a car, reasoning that, while the patron was visibly intoxicated...more

White and Williams LLP

New Jersey Appellate Court Requires Affidavit of Merit in COVID-19 Litigation Against an Assisted Living Facility

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An affidavit of merit is required to prosecute a professional negligence claim against an assisted living facility in New Jersey. The recent appellate decision of Priolo v. Shorrock Garden Care Ctr., No. A-3032-20, 2022 N.J....more

Bressler, Amery & Ross, P.C.

New Jersey Supreme Court to Address Affidavit of Merit Requirement for Vicarious Liability Claims

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The New Jersey Supreme Court has affirmed the Appellate Division’s decision that plaintiffs are not required to serve an Affidavit of Merit against defendant health care facilities for claims of vicarious liability arising...more

White and Williams LLP

Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove...

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In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly...more

Foley Hoag LLP

Product Liability Update - July 2021

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Harris Beach Murtha PLLC

Breast Implant Multidistrict Litigation Claims Pared Down by New Jersey Federal Court

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In a mass tort product liability, class action and consumer fraud consolidated litigation involving Allergan's Biocell textured breast implants and tissue expanders, Allergan moved to dismiss plaintiffs' complaints on...more

Bressler, Amery & Ross, P.C.

Affidavit of Merit May No Longer Be Required for Claims of Vicarious Liability in New Jersey

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In a recent decision, the New Jersey Appellate Division provided new guidance on whether an affidavit of merit is required when a plaintiff’s sole claim against a health care facility is based on a theory of vicarious...more

White and Williams LLP

No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor...

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Where an initial tortfeasor settles in a successive negligence case, the non-settling tortfeasors do not get a credit at trial, says the New Jersey Appellate Division. The court held in Glassman v. Friedel, that non-settling...more

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