Invitees, Licensees, and Trespassers – Liability In New Jersey Slip and Fall Cases

New Jersey Lawyer Now Blog

Invitees, Licensees, and Trespassers – Liability In New Jersey Slip and Fall Cases

If you are injured in a Bergen County slip and fall it is important to know if the property owner is liable. When you ask yourself “do I have a slip and fall case?” first you must know if you are an invitee, licensee, or a trespasser.

Invitees are visitors who are on the property conducting business. For example, an electrician who comes to the home and conducts business on the premises may qualify as an invitee. Licensees are those who have been given permission or an invitation to enter a property. Licensees are typically friends or family members who have been granted access to the property.

Property owners in New Jersey may be liable for injuries to business invitees and licensees. The owner may be held liable if they knew of a possible danger, and did not fix it or warn the visitor of the risk. This can be interpreted in rather broad terms.

New Jersey property owners may be liable if the visitor did not know or should not have known about the existence of the danger. Property owners must actually perform checks for dangerous aspects of their property before an invitee enters the property, while this duty does not exist for licensees. 

Bergen County property owners are generally not liable for injuries suffered by those who are trespassing at the time of the incident; however, there are some exceptions. One important exception to this rule is if the property owner has reason to believe there are regular trespassers on his land (such as children crossing property on way to school). So, even trespassers can have certain rights to sue.

There is generally a two-year statute of limitations on most personal injury cases in New Jersey. There are exceptions to that rule that can shorten the time. To discuss your slip and fall case with a Bergen County attorney, contact The Morano Law Firm at 201-598-5019 or newjerseylawyernow@gmail.com today.

Making a Legal Will in New Jersey During Social Distancing

How Do I Make a Legal Will in New Jersey?

In New Jersey, COVID-19 may have made people think about their estate plans. Despite the many challenges of the coronavirus, the legality of signing a will and testament remain the same.

Legal Requirements for New Jersey Will:

For a person to make a valid will in New Jersey, the following requirements must be met:

  • A person executing a will must be at least 18 years old.
  • He or she must be “of sound mind.” (not declared incompetent in court proceeding)
  • A will must be in writing.
  • A will must be signed by the person making it (the “testator”) and by two people who witnessed the testator sign the will, or witnessed the testator acknowledge his or her signature or the will itself. (If physically impossible, the testator may direct someone to do it

How to Make a Will During Social Distancing

Making a will In New Jersey during the COVID-19 – Coronavirus pandemic may still be an item in flux. As always, you should consult an attorney. Still, the most important aspect remains the witness signatures. A notary or lawyer signature is important, but, under current law the witness signatures must be “in writing” are what are truly important. Of course, these requirements may become relaxed especially if simply trying to probate a will that is not being challenged.  

The Competence Requirement

Every state requires competence for a will to be held as legal. This requires a person executing a will to be of “sound mind.” The two requirements to be considered of sound mind are to (1) understand the meaning and purpose of the document and (2) understand the nature and extent of the property at issue.

Oral Wills vs. Holographic Wills

Oral wills are not valid in New Jersey but, wills written in the handwriting of the testator may be. A handwritten will is referred to a s a Holographic will.

If you are interested in pursuing a will, power of attorney or living will contact The Morano Law Firm at 888-NJLAW17 (655-2717) or 201-598-5019. Always consult an attorney when pursuing an estate plan.

UPDATE: New Jersey Assembly Bill A.3903 was signed on April 14, 2020 enacting Remote Notarization in light of the pandemic.

New Jersey’s New DUI and DWI Law

New Jersey drunk driving laws have changed recently. It important you understand DWI laws and the new penalties. We are experienced New Jersey DUI attorneys with experience in dealing with the news laws in municipal Court. In New Jersey, a person is guilty of drunk driving if he/ she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Under the new laws the length of suspension has been lowered slightly, but, the expenses and interlock device requirement have changed. The penalties for a DWI in New Jersey are below:

THE PENALTIES

1st Offense

Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:

  • A fine of $250-$400
  • Imprisonment for up to 30 days
  • Driver’s license forfeiture until ignition interlock installed.
  • Interlock required for 3 months
  • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years

If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 percent to operate a motor vehicle, the penalties are:

  • A fine of $300-$500
  • Imprisonment for up to 30 days
  • Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) year
  • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years

Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration.

2nd Offense

  • A fine of $500-$1,000
  • Imprisonment of at least 48 consecutive hours, and up to 90 days
  • Minimum 1-year and up to 2-year license suspension
  • Completion of evaluation, referral and program requirements of the IDRC
  • 30 days of community service
  • An automobile insurance surcharge of $1,000 a year for 3 years
  • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

3rd Offense

  • A fine of $1,000
  • Imprisonment of 180 days except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC
  • 8 year license suspension
  • 30 days of community service
  • Completion of evaluation, referral and program requirements of the IDRC
  • An automobile insurance surcharge of $1,500 a year for 3 years
  • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

If you or anyone you know has been charged with a DUI they should call The Morano Law Firm, LLC and speak Corey Morano, Esq., an experienced New Jersey Underage DUI Attorney at 201-598-5019 or email coreymorano@gmail.com

Serious Injuries From Slip-and-Fall Accidents in Northern New Jersey

Have you or a loved one suffered a serious injury on another person’s property? If the accident was due to the property owner’s negligence, you may have a premises liability lawsuit.

With well over a decade of experience, I am in the prime of my career. I am not a rookie, but I am not resting on successes that happened a generation ago. At The Morano Law Firm, LLC, we can help you get the money you need for the medical bills, pain and suffering, lost wages, and other expenses. We always offer a free initial consultation and do all work on contingency, meaning that if there is no recovery, we take no fee. We will not ask you for money…ever.

With well over a decade of experience, I am in the prime of my career. I am not a rookie, but I am not resting on successes that happened a generation


ago. At The Morano Law Firm, LLC, we can help you get the money you need for the medical bills, pain and suffering, lost wages, and other expenses. We always offer a free initial consultation and do all work on contingency, meaning that if there is no recovery, we take no fee. We will not ask you for money…ever.

“Premises liability” is a legal term encompassing any case in which a property owner is sued for hazards on their property that caused a serious injury. Most premises liability cases involve slips and falls.

What Is Premises Liability?

Common slip-and-fall accidents include:

  • Holes in pavement causing parking lot or sidewalk accidents
  • Slippery floors causing slips and falls
  • Loose merchandise falling from shelves
  • Lack of Snow Removal

But there are many other types of accidents that qualify. Our Northern New Jersey slip-and-fall accident attorneys will listen to your situation and quickly tell you if we can help. If we take your case, we can immediately begin work, while also making sure you are getting the medical care you need. Conveniently located on Route 17 in Paramus, we cover a wide range of cases all over Bergen, Passaic, Essex, Hudson, Sussex, Morris Union, Somerset and Middlesex Counties.

If you have been involved in a Slip and Fall, accident you need legal representation to make the best case possible and ensure that your side of the story is heard in court. To learn more about your Slip and Fall case feel free to contact The Morano Law Firm at 201-598-5019, or email us at newjerseylawyernow@gmail.com for a free consultation.

What is an Arraignment? Understanding What to Expect at Your New Jersey Court Arraignment

What’s an arraignment?

An arraignment is the first court-based process that takes place after the arrest, booking, and initial bail phase of the criminal process. During an arraignment, a criminal court judge will:

  • read the criminal charges and ask the defendant if he or she has an attorney.
  • maintain how the defendant “pleads to” the criminal charges: “guilty”, “not guilty”, or “no contest”.
  • decide whether to alter the bail amount or release the defendant on his or her own recognizance (ROR).

Future case proceedings, including the preliminary hearing, pre-trial motions, and trial will also be announced at your arraignment. An arraignment is a very basic hearing which marks the official start to your case. If you have not hired a lawyer by the date of your arraignment, you should act quickly every thing that happened immediately following your arraignment will have a direct impact on the outcome of your case.

Criminal defense cases are highly complex. If you have been involved in a criminal incident, you need legal representation to make the best case possible and ensure that your side of the story is heard in court. To learn more about your criminal case feel free to contact The Morano Law Firm at 201-598-5019 or email us at newjerseylawyernow@gmail.com for a free consultation.

What is Central Judicial Processing (CJP) Court? Understanding New Jersey First Appearance Court.

Central Judicial Processing Court

Central Judicial Processing Court is the first court process in the criminal proceeding. It can also be the most important hearing for the defendant. CJP court determines where the case is going and where the defendant will go as the proceeding moves on.

What happens in Central Judicial Processing Court?

A multitude of factors can happen. Mainly, CJP will determine if the case will bump down to municipal court, or it will go to a grand jury in superior court. Certain cases can be resolved in CJP, and a defendant’s attorney can provide information that can possibly get the case dismissed. Bail can also be set or modified, but that usually takes place at another hearing. A defendant’s constitutional rights would be reviewed, and the judge would remind the defendant of all the charges pressed against the person. It is important to have a good attorney to prevent the case going to superior court – as the penalties in superior court are much more severe than in municipal court. Corey Morano and his staff will provide the best defense possible to make sure your liberty isn’t jeopardized.

Who goes to CJP?iStock_000014208743_Small

Criminal defendants indicted in the:

-First Degree

-Second Degree

-Third Degree

-Fourth Degree

What to do if I’m indicted or charged with an indictable offense?

The first thing you should do is call a lawyer.  It is New Jersey Law to see a judge writhing 72 hours after the initial arrest. That appearance is usually covered by CJP if the defendant is incarcerated or was charged with an indictable offense. First degree, second degree, third degree and fourth degree  charges all come with the possibility of 6 months or more in prison or $15,000.00 or more in fines. Under the United States Constitution those cases entitle you to a trial by jury. These potential criminal jury trials are handled in the Superior Court of the County in which the arrest took place. To produce an indictment the County Prosecutor’s Office must present your case to a Grand Jury. There is a very old saying that you can indict a ham sandwich because obtaining a grand jury indictment is relatively easy. The Grand Jury is provided very basic information about the alleged offense at which time they decide whether to grant the indictment.

Once CJP Court is scheduled there are several places your case may be headed and it is important to understand the difference. If the County prosecutor’s office decides to not pursue a Grand Jury Indictment on your criminal matter, then your case may be downgraded back to Municipal Court. Prior to presenting your case to the Grand Jury, your case may be scheduled for a Pre-Indictment Conference (PIC) or an Early Disposition Conference (EDC). This hearing provides you and your attorney an opportunity to potentially resolve your case with quick deal prior to a Grand Jury Indictment. Often times this is an opportunity to resolve your matter quickly with the least amount of stress and possibly for the lightest fines and penalties.

If you’ve been arrested, incarcerated, and or indicted, call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.  We will make sure you receive the best defense possible for your case. Remember! CJP can be the most important hearing of your process, and it is not to be taken for granted. The Morano Law Firm has extensive experience in handling CJP Court, Indictable Offenses, Pre-Indictment Conferences (PIC) and Early Disposition Conferences (EDC). Understanding the difference between all these types of hearings can be confusing to anyone who does not deal with them on a daily basis. Call Corey Morano at The Morano Law Firm today at 201-598-5019 or email newjerseylawyernow@gmail.com to learn more about your case and to which Court it  is headed.

Staph Infections/MRSA Worker’s Compensation

Staphylococcus aureus (staph) is a bacterial infection that mostly attacks the skin.  Two million Americans are infected every year, with qtq80-FwS4u9around 90,000 people dying from the disease. Symptoms include an area of painful blisters, skin nodules, fever, and yellow pus discharge from the infected area. If left untreated by a doctor, the infection can enter the bloodstream and cause septic shock – which can lead to death.  It is usually treated with antibiotics and/or drainage.  However, there is a form of staph that is resistant to most forms of antibiotics — Methicillin-resistant Staphylococcus aureus (MRSA).  This is the most dangerous form of staph, and it can live on towels and plastics for up to 90 days!  It is important to keep a work area properly sanitized for this reason.  NJ even has an act for hospitals to prevent staph infections from spreading (C.26:2H-12.35 to C.26:2H-12.38).

 

What causes staph infection/MRSA?

 

Not keeping a work area properly sanitized can cause a staph epidemic in the workplace.  This includes not washing hands, not washing towels with hot water, sharing razors, sharing towels, sharing clothes, using an infected pool, and sharing equipment.  The disease spreads through physical contact with an infected person/item, so that is why it is imperative to keep up with hygiene in the workplace.  Once a workplace/worker is infected, every worker is now at risk.

 

Who is at Risk?

 

-Hospital workers

-Gym/Fitness Facility Workers

-Swimmers/Lifeguards

-EMS Workers

-Professional Athletes

-Retirement Home Workers

-Anyone who’s shared razors, towels, equipment, or clothes

 

What to do if I’m infected with Staph or MRSA?qtq80-Zvcfuw

 

The first thing you should do is receive medical attention to take care of the issue.  The second thing you should do is file a DWC-1, which is a first report of injury form for workers.  Any employee who has suffered any type of staph infection at work is eligible for Worker’s Comp. Benefits.  Benefits include medical expenses, out-of-pocket expenses, and lost wages (up to 2/3rds).  If you work in a hospital and you think there is a violation of C.26:2H-12.35 to C.26:2H-12.38 that caused your infection, you have a case against your employer.

 

If you’ve been infected with staph/MRSA at work and been neglected compensation, you must take action.  Not only is it immoral for an employer to neglect you, it is against NJ State Law!  At the Morano Firm, we are strongly committed to defending clients who have been wrongfully neglected by their employers for injury benefits – especially a deadly infection like staph!  If you’ve been infected with staph/MRSA at work and believe you’ve been neglected by your employer to pay for your medical expense, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.  We will make sure you receive the benefits you deserve and the treatment to get you back to work and save your life!

Head Injuries and Concussions in the Workplace

Head injuries are one of the most serious forms of injuries in the workplace. New Jersey Workers’ Compensation cases like this should not be taken lightly.  As we know, the brain is the control center for the body, so we cannot function or live without it.  It is composed of soft tissue and can be easily damaged.  The skull – the protective layer of bone that encases the brain – only adds a thin layer of protection. That is why many employers require head protection on the job.  However, head safety gear (helmets, hard hats, etc.) only helps absorb SOME of the impact – which means head trauma is still possible, even when wearing head safety gear.

The most popular type of head/brain injury is the concussion.  A concussion is a brain contusion that varies in 13severity.  Symptoms include dizziness, confusion, short-term memory loss, vertigo, nausea, and sensitivity to light.  A concussion can last from a few days up to a few months, depending on the severity.  Repeated concussions have been linked to Alzheimer’s and Chronic Traumatic Encephalopathy (CTE).

What causes a Concussion?

Any type of blow to the head that is strong enough to cause a contusion.  Examples can be falling objects, hard falls, fighting, vehicular accidents, head to head contact in a physical sport, malfunctioning of equipment, and slips and falls.  Trauma to the side of the head have been stronger correlated than trauma to the crown .

Who is at Risk?

-Construction workers

-Dock Workers

-Firefighters

-Police Officers

-Professional Athletes

-Delivery drivers

-Taxi Drivers

-Plumbers

-Electricians

-Commercial Painters

What to do if I suffer a brain injury/concussion?

The first thing you should do is receive medical attention to take care of the issue.  The second thing you should do is file a DWC-1, which is a first report of injury form for workers.  Any employee who has suffered any type of brain injury at work is eligible for Worker’s Comp. Benefits.  Benefits include medical expenses, out-of-pocket expenses, and lost wages (up to 2/3rds).

If you’ve suffered a brain injury at work and been neglected compensation, you must take action.  Not only is it immoral for an employer to neglect you, it is against NJ State Law!  At the Morano Firm, we are strongly committed to defending clients who have been wrongfully neglected by their employers for injury benefits – especially head trauma!  If you’ve suffered a brain injury/concussion at work and believe you’ve been neglected by your employer to pay for your medical expense, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.  We will make sure you receive the benefits you deserve and the treatment to get you back to work!

Amputation Injuries in the Work Place

There are hundreds of different types of amputations that can occur when you are severely injured in a work-related iStock_000009703092_Smallaccident. One that comes to mind immediately would be a construction worker cutting off his fingers or hand at the wrist when carelessly cutting a two by four. Another would be a tree surgeon climbing a tree with a chain saw and slipping as a result of miscalculating the direction of a falling limb, accidentally grabbing onto the cutting edge of his moving chain saw. A butcher at a supermarket is chopping, cutting and slicing all day long and it’s hard to find one who hasn’t cut off at least a part of a finger at some point. Deli workers use slicers, butchers chefs use knives, woodworkers and metal workers use drills and saws …. all powerful equipment capable of removing a finger, hand or arm in a split second. And as devastating as losing a digit or a limb can be, if your are involved in a work-related amputation accident you actually have a bigger problem to worry about and that is what to do next in the event  an amputation accident happens to you so that you don’t die.

What To Do In The Event Of An Amputation Accident

Calling 911 or your company’s emergency medical team might be a little difficult if you now have only one hand or arm, but if you can reach your cell phone and dial 911 you should. If you are alone you should yell as loud as possible for help. If there are others with you they can and should immediately make the 911 call to get professional medical help to the scene as quickly as possible. In an amputation accident there will be a massive loss of blood. You and your coworkers should use a belt, rope, cord or item of clothing to make a tourniquet slightly above the point of amputation to slow the blood loss. Elevate the limb as much as possible so that gravity aids in slowing the blood loss. Sit or lay down and stay calm so that your heart rate normalizes and wait for help to arrive.

After you have received the best possible medical treatment you should call The Morano Law Firm LLC as we are experienced and knowledgeable New Jersey Workers Compensation Lawyers and have dealt with many total and partial New Jersey work-related amputation cases in the past. We can get you compensation for your medical and rehabilitation expenses as well as replacement and continuance of your lost wages. We know our way through every in and out of Workers’ Compensation Law so we can cut right through to the important issues that govern your individual situation. We know the dangers that you face everyday on the job ,and we will insure that your New Jersey Workers’ Compensation Amputation claim is maximized. Call The Morano Law Firm LLC Today: 201-598-5019

Don’t Be Afraid to File a Civil Worker’s Comp Case

iStock_000009703092_SmallThousands of people each year are injured on the job. Thousands of employers each year neglect the injured person’s medical recovery expense. If you have been injured at work, and your employer did not cover for your medical expense, you have an excellent civil case to retaliate.  (*Note:  This does not imply to individual contractors).

 What is Workers’ Compensation?

Workers’ compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.

-Medical Benefits

-Temporary Total Benefits

-Permanent Partial Benefits

-Permanent Total Benefits

It also provides death benefits to dependents of workers who have died as a result of their employment

NJ State Law on Worker’s Comp Negligence: 34:15-1.

Employees’ right to recover for negligent injury; willful negligence as defense; jury question. When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence.

Negligence by the employer can lead to a civil case in law division of the Superior Court of New Jersey. The majority of work related injuries are filed through the workers’ compensation court system which is governed by the New Jersey Department of Labor. Most cases filed by the employee in workers’ compensation court against the employer lead to benefits to that employee. Those benefits may take the form of a cash settlement, temporary benefits for time missed due to injury and medical treatment for on the job injuries paid 100% by the employer (generally the employer’s workers’ compensation carrier). Corey Morano specializes in defending Worker’s Comp Cases you rightfully deserve to win.

If you’ve been neglected from worker’s compensation, you must take action.  Not only is it immoral for an employer to neglect you, it is against NJ State Law!  At the Morano Firm, we are strongly committed to defending clients who have been wrongfully neglected by their employers for injury benefits.  If you’ve been injured at work and believe you’ve been neglected by your employer to pay for your medical expense, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.